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Boone v. Maryland

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eBook details

  • Title: Boone v. Maryland
  • Author : Supreme Court of Minnesota
  • Release Date : January 24, 1968
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

with a deadly weapon of Charles Oliver Hazard by a grand jury for the City of Baltimore on January 29, 1965, prior to the decisions of the Court of Appeals in Schowgurow v. State, 240 Md. 121 and State v. Madison, 240 Md. 265. On November 2, 1965, the appellant and the other co-defendants were again indicted for the robbery with a deadly weapon and, with the exception of Goode, for the murder, and the original indictments against the appellant were dismissed upon his motion based on the decision in Schowgurow on November 9, 1965. On February 14, 1966, upon the appellants request for a change of venue, his case was removed to the Circuit Court for Baltimore County where trial was held before a jury. The jury returned a verdict of "guilty" on the murder indictment without specifying whether it was murder in the first or second degree. As Art. 27, ? 412, Md. Code (1967 Repl. Vol.) provides that on finding a person guilty of murder, the jury shall "* * * ascertain in their verdict whether it be murder in the first or second degree * * *", the trial court granted the appellants motion for a new trial. The appellant waived a trial by jury at the retrial. The court convicted him of murder in the first degree and sentenced him to imprisonment for the term of his natural life.


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