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HEPPLE v. STATE

Nos. 714, 730, September Term, 1975.

31 Md. App. 525 (1976)

358 A.2d 283

RICHARD E. HEPPLE v. STATE OF MARYLAND. JAMES EDWARD JONES v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 4, 1976.

Attorney(s) appearing for the Case

In Appeal No. 714, Michael E. Kaminkow, with whom was Richard T. Rombro on the brief, for appellant.

In Appeal No. 730, Geraldine Kenney Sweeney, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

In Appeal No. 714, Henry E. Dugan, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and William Monfried, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

In Appeal No. 730, Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Francis A. Sauer, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The causes were argued before ORTH, C.J., and MORTON, MOYLAN, POWERS, GILBERT, MENCHINE, LOWE, MELVIN and MASON, JJ.

ORTH, C.J., delivered the opinion of the Court. MENCHINE, J., concurs in part and dissents in part and filed an opinion concurring in part and dissenting in part at page 558 infra.

The two September Term 1975 appeals we decide in this opinion, Richard E. Hepple v. State, No. 714, and James Edward Jones v. State, No. 730, present a common issue for decision. The issue relates to the place of rebuttal evidence in the order in which parties are required to offer...

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