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JOHNSON v. STATE

[No. 156, September Term, 1969.]

258 Md. 597 (1970)

267 A.2d 152

JOHNSON v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for rehearing filed August 7, 1970.

Denied August 17, 1970.

Attorney(s) appearing for the Case

Orie Seltzer, with whom were Blair H. Smith and Arthur M. Ahalt on the brief, for appellant.

Henry R. Lord, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Joseph C. Sauerwein, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY and SMITH, JJ.

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

It was about 9:30 in the morning of 3 May 1968 when a man, alleged to have been the appellant (Johnson), entered an A & P Food Store in Oxon Hill, Prince George's County, jumped up on a counter and, brandishing a pistol, ordered the manager to open the safe. While the manager was kneeling before the safe he was shot and killed. Following indictment and the appointment of quite able counsel Johnson waived trial...

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