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LEWIS v. STATE

[No. 113, September Term, 1979.]

289 Md. 1 (1980)

421 A.2d 974

OKEY LATON LEWIS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 7, 1980.

Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

William H. Kenety, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Thomas E. Hickman, State's Attorney for Carroll County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

This case presents the question whether in an appeal from the District Court to the Circuit Court, an accused who challenges his District Court conviction may be tried de novo in the Circuit Court proceeding on the remaining charges in the original District Court charging document that the District Court had deemed to be merged into the conviction.

Okey Laton Lewis, the petitioner, was charged in a single...

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