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FUNDERBURK v. STATE

No. 409, September Term, 1970.

12 Md. App. 481 (1971)

280 A.2d 4

HARLEY GRANT FUNDERBURK v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 30, 1971.

Attorney(s) appearing for the Case

Gerald A. Smith for appellant.

Robert A. DiCicco, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Howard L. Cardin, State's Attorney for Baltimore City and Charles O. Fisher, Jr., Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON and ORTH, JJ.

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

Appellant, Harley Grant Funderburk, and Dulaney Tom Simmons were separately indicted for the rape of Rosetta Cure, which was alleged to have occurred sometime after midnight on April 19, 1969, in a house located at 735 West Fayette Street in Baltimore. Simmons was arrested on the morning of the crime, and after indictment was tried on October 14, 1969 in the Criminal Court of Baltimore, in a bench trial, and was found...

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