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WIGGINS v. STATE

[No. 185, September Term, 1974.]

275 Md. 689 (1975)

344 A.2d 80

WIGGINS v. STATE OF MARYLAND ET AL.

Court of Appeals of Maryland.

Decided September 5, 1975.

Attorney(s) appearing for the Case

Peter S. Smith, with whom was Michael S. Elder on the brief, for appellant.

James I. Keane, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellees.

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

SMITH, J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., dissent and ELDRIDGE, J., filed a dissenting opinion in which LEVINE, J., concurs at page 717 infra.

In this case appellant, Alphonso C. Wiggins (Wiggins), asks us to overrule our approval in Franklin v. State, 264 Md. 62, 68, 285 A.2d 616 (1972), of "May 15, 1969, the date of finality set out in ... Long ...

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