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COLEMAN v. STATE

No. 835, September Term, 1980.

49 Md. App. 210 (1981)

431 A.2d 696

RUSSELL NORMAN COLEMAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 16, 1981.

Attorney(s) appearing for the Case

Submitted by Patricia A. Logan, Assistant Public Defender, and Alan H. Murrell, Public Defender, for appellant.

Submitted by Stephen B. Caplis, Assistant Attorney General, Stephen H. Sachs, Attorney General, Warren B. Duckett, Jr., State's Attorney for Anne Arundel County, and Gerald Anders, Assistant State's Attorney for Anne Arundel County, for appellee.

The cause was submitted on briefs to MOYLAN, MELVIN and MACDANIEL, JJ.

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

The State has now twice obtained a conviction of second degree murder against the appellant, Russell Norman Coleman. The first such conviction was overturned by this Court in Coleman v. State, C.S.A. No. 1334, S.T. '78 (unreported per curiam, filed July 5, 1979) where, having concluded that the trial court had erred in its instructions to the jury, we reversed and remanded the case for a new trial. Upon retrial...

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