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STATE v. FRYE

[No. 133, September Term, 1977.] [No. 173, September Term, 1977.]

283 Md. 709 (1978)

393 A.2d 1372

STATE OF MARYLAND v. EUGENE SHAW FRYE WILLIE LEE JONES, JR. v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 16, 1978.

Attorney(s) appearing for the Case

In No. 133, George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

In No. 173, Kathleen M. Sweeney, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The causes were argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

ELDRIDGE, J., delivered the opinion of the Court. MURPHY, C.J., concurs in the judgments and filed a concurring opinion at page 725 infra.

This Court in Newton v. State, 280 Md. 260, 373 A.2d 262 (1977), held that when a defendant is charged with both murder and a felony arising from the same transaction, and is convicted of murder based upon the felony murder doctrine, the underlying...

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