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DIMERY v. STATE

[No. 161, September Term, 1974.]

274 Md. 661 (1975)

338 A.2d 56

DIMERY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for rehearing filed June 5, 1975.

Denied June 24, 1975.

Certiorari denied January 19, 1976.

Attorney(s) appearing for the Case

Fred Warren Bennett, Assigned Public Defender, for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

Certiorari denied, Supreme Court of the United States, January 19, 1976.

SMITH, J., delivered the opinion of the Court. DIGGES and O'DONNELL, JJ., dissent and O'DONNELL, J., filed a dissenting opinion in which DIGGES, J., concurs at page 679 infra.

Petitioner, Thomas Henry Dimery, III (Dimery), was convicted by a Prince George's County jury of the crimes of rape, attempted murder, assault and battery, and arson...

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