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SCOTT v. STATE

[No. 116, September Term, 1981 and No. 75, September Term, 1982.]

297 Md. 235 (1983)

465 A.2d 1126

MARTIN FRANCIS SCOTT v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 19, 1983.

Attorney(s) appearing for the Case

George E. Burns, Jr., and John L. Kopolow, Assistant Public Defenders, with whom were Alan H. Murrell, Public Defender, and Julia D. Haskins, Assistant Public Defender, on the brief, for appellant.

Jillyn K. Schulze, 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, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

DAVIDSON, J., delivered the opinion of the Court. MURPHY, C.J., and SMITH and RODOWSKY, JJ., dissent. MURPHY, C.J., filed a dissenting opinion at page 253 infra, in which SMITH and RODOWSKY, JJ., join.

On 1 October 1981, in the Criminal Court of Baltimore (now the Circuit Court for Baltimore City), a jury convicted the appellant, Martin Francis Scott (accused), insofar as here relevant, of premeditated murder. After the jury determined that the appropriate...

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