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GIANINY v. STATE

No. 66, September Term, 1989.

320 Md. 337 (1990)

577 A.2d 795

FRANK RAYMOND GIANINY v. STATE OF MARYLAND.

Court of Appeals of Maryland.

August 14, 1990.

Attorney(s) appearing for the Case

Michael J. McAuliffe (Quinn & McAuliffe, both on brief) Rockville, for petitioner.

Richard B. Rosenblatt, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, JJ., and THEODORE G. BLOOM, Associate Judge of the Court of Special Appeals, Specially Assigned.

THEODORE G. BLOOM, Judge, Specially Assigned.

The Double Jeopardy Clause of the Fifth Amendment, "... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb," is enforceable against the states through the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784, 794, 89 S.Ct. 2056, 2063, 23 L.Ed.2d 707, 715, on remand, 8 Md.App. 388, ...

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