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STATE v. BARGER

[No. 46, September Term, 1965.]

242 Md. 616 (1966)

220 A.2d 304

STATE v. BARGER

Court of Appeals of Maryland.

Dissenting opinion filed June 8, 1966.

Attorney(s) appearing for the Case

John W. Sause, Jr., Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, and Arthur A. Marshall, Jr., State's Attorney for Prince George's County, on the brief, for the appellant.

William H. Meserole, with whom were Joseph A. DePaul, Glenn B. Harten and Joseph C. Sauerwein on the brief, for the appellee.

The cause was argued before PRESCOTT, C.J., and HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

HORNEY, J., delivered the majority opinion of the Court. MARBURY and BARNES, JJ., dissent. Dissenting opinion by BARNES, J., at page 628, infra.

Leslie Barger was indicted for murder and at a trial before a jury was found guilty of murder in the second degree but was acquitted of murder in the first degree. The conviction was appealed and this Court, in Barger v. State, 235 Md. 556, 202 A.2d 344

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