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DUNCAN AND SMITH v. STATE

[No. 88, September Term, 1975.]

276 Md. 715 (1976)

351 A.2d 144

DUNCAN, ETC. AND SMITH v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided February 4, 1976.

Attorney(s) appearing for the Case

Michael S. Elder, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Dennis M. Henderson, Assistant Public Defender, on the brief, for appellants.

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 SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ., and RAYMOND G. THIEME, Associate Judge of the District Court of Maryland for District 7, specially assigned.

SMITH, J., delivered the opinion of the Court.

Our grant of the writ of certiorari in this case was "limited solely to the issue set forth in the petition for writ of certiorari," which was:

"Did the Court of Special Appeals err in holding that the decision of the United States Supreme Court in Cecil Jones v. United States [, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960),] is no longer controlling law in Maryland...

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