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DILLON v. STATE

[No. 101, September Term, 1975.]

277 Md. 571 (1976)

357 A.2d 360

DILLON v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided May 4, 1976.

Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, for appellant.

Alexander L. Cummings, 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.

O'DONNELL,* J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., dissent and LEVINE, J., filed a dissenting opinion in which ELDRIDGE, J., concurs at page 588 infra. SMITH, J., concurs in part and dissents in part and filed an opinion concurring in part and dissenting in part at page 594 infra.

The question which we are here called upon to decide is: whether the appellant's motion for a mistrial should have been...

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