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OSBORNE v. STATE

No. 69, September Term, 1985.

304 Md. 323 (1985)

499 A.2d 170

KENNETH LEE OSBORNE v. STATE OF MARYLAND.

Court of Appeals of Maryland.

October 23, 1985.

Attorney(s) appearing for the Case

Gary S. Offutt, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Diane G. Goldsmith, Asst. Atty. Gen., Baltimore, (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and EDWARD D. HIGINBOTHOM, Associate Judge of the Third Judicial Circuit (retired), specially assigned.

COLE, Judge.

This case presents the question of what is the maximum punishment for accessoryship after the fact to first degree murder. More specifically, we shall determine whether the punishment is life imprisonment, as prescribed by the murder punishment statute, or five years, as set forth by Maryland Code (1957, 1982 Repl.Vol.), Art. 27, § 626.

The facts giving rise to this controversy are as follows. Kenneth Lee Osborne, appellant, was indicted...

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