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STATE v. WILLIAMS

[No. 23 (Adv.), September Term, 1976.]

278 Md. 180 (1976)

361 A.2d 122

STATE OF MARYLAND v. WILLIAMS

Court of Appeals of Maryland.

Decided July 14, 1976.

Attorney(s) appearing for the Case

Donald R. Stutman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Sandra A. O'Connor, State's Attorney for Baltimore County, and Brian Lee Herzberger, Assistant State's Attorney for Baltimore County, on the brief, for appellant.

Leonard C. Redmond, III, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Dennis M. Henderson, Assistant Public Defender, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and J. HAROLD GRADY, Associate Judge of the Eighth Judicial Circuit, specially assigned.

LEVINE, J., delivered the opinion of the Court. SMITH, ELDRIDGE and GRADY, JJ., dissent and SMITH, J., filed a dissenting opinion in which GRADY, J., concurs at page 187 infra. ELDRIDGE, J., filed a dissenting opinion at page 195 infra.

This appeal arises from a proceeding to redetermine appellee's status as a defective delinquent. At the hearing in the Circuit Court for Baltimore County, the trial judge (Haile, J.) ruled that a psychologist on the staff...

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