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CUNNINGHAM v. STATE

[No. 502, September Term, 1966.]

247 Md. 404 (1967)

231 A.2d 501

CUNNINGHAM v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided July 6, 1967.

Attorney(s) appearing for the Case

Elsbeth Levy Bothe for appellant.

Lewis A. Noonberg, Asst. Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Joseph C. Howard, Asst. State's Attorney for Baltimore City, on the brief, for appellee.

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

MARBURY, J., delivered the opinion of the Court.

John Wesley Cunningham, appellant, was indicted by the Grand Jury of Baltimore City for the murder of Dr. Louis Johnson on October 25, 1966. Appellant pleaded not guilty generally and elected to be tried before the Criminal Court of Baltimore, sitting without a jury. He was found guilty of murder in the first degree, without qualification as to capital punishment, and was sentenced to be executed. From the judgment...

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