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FISHER AND UTLEY v. STATE

No. 113, Sept. Term, 1999.

786 A.2d 706 (2001)

367 Md. 218

Rose Mary FISHER and Mary Utley, v. STATE of Maryland.

Court of Appeals of Maryland.

Reargued January 4, 2001.

Decided December 17, 2001.

Attorney(s) appearing for the Case

Argued and reargued by Michael R. Braudes, Asst. Public Defender and Thomas J. Saunders, Assigned Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioners.

Argued and reargued by Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, for respondent.

Reargued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, LAWRENCE F. RODOWSKY, (Retired, specially assigned), and THEODORE G. BLOOM (retired, specially assigned), JJ.

RODOWSKY, Judge.

We granted certiorari in this case in order to determine whether Maryland law recognizes the applicability, in any way, of the common law doctrine of felony murder to homicides committed in the perpetration of a felony other than one enumerated in the first degree murder statute, Maryland Code (1957, 1996 Repl.Vol.), Article 27, §§ 408 through 410.1 As explained below...

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