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LOGAN v. STATE

[No. 24, September Term, 1980.] [No. 36, September Term, 1980.]

289 Md. 460 (1981)

425 A.2d 632

THEODORE RUSSELL LOGAN v. STATE OF MARYLAND EUGENE JEROME BANKS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided February 11, 1981.

Attorney(s) appearing for the Case

Michael R. Malloy, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellants.

Michael A. Anselmi, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

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

DIGGES, J., delivered the opinion of the Court. ELDRIDGE, COLE and DAVIDSON, JJ., dissent. ELDRIDGE, J., filed a dissenting opinion at page 488 infra, in which COLE and DAVIDSON, JJ., concur.

These two criminal causes, consolidated for consideration in this Court, present us with legal issues common to both, as well as an additional question in each related solely to the case from which it arises. The mutual issues...

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