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SPENCE v. STATE

[No. 52, September Term, 1982.]

296 Md. 416 (1983)

463 A.2d 808

WILLIAM SPENCE v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Louis P. Willemin, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Maureen O'Ferrall Gardner, 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.

COLE, 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 426 infra, in which SMITH and RODOWSKY, JJ., join.

The question we shall decide is whether the opportunity to argue the merits of a criminal case after a verdict rendered prior to argument and later stricken satisfies the defendant's constitutional right to the assistance of counsel throughout the proceedings.

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