STATE v. RYON, 278 Md. 302 (1976)

363 A.2d 243

STATE OF MARYLAND v. RYON

[No. 2, September Term, 1976.]Court of Appeals of Maryland.
Decided September 17, 1976.

Certiorari to the Court of Special Appeals. (Circuit Court for Harford County, Dyer, J.)

Minnie Sue Ryon was convicted by a jury of murder in the first degree and from the judgment entered thereon appealed. On appeal to the Court of Special Appeals judgment was affirmed, certiorari denied by Court of Appeals. On certiorari to the Supreme Court of the United States the judgment was vacated and remanded for further consideration in light of Brown v. Illinois. The judgment was reversed by the Court of Special Appeals and certiorari was granted.

Judgment of the Court of Special Appeals affirmed with costs; mandate to issue forthwith.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ.

James G. Klair, Assistant Attorney General, with whom wer Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellant.

Karl G. Feissner, Assigned Public Defender, with whom wer Feissner, Garrity, Levan Schimel and Edward P. Camus, Public Defender for Prince George’s County, on the brief, for appellee.

PER CURIAM:

We granted a writ of certiorari in this case to review the decision of the Court of Special Appeals in Ryon v. State, 29 Md. App. 62, 349 A.2d 393 (1976), on remand to that court from the Supreme Court of the United States, Ryon v. Maryland, 422 U.S. 1054, 95 S.Ct. 2674, 45 L.Ed.2d 705 (1975). With the exception of the dicta contained in footnote

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17 of the opinion of the Court of Special Appeals, pertaining to the retroactive application of Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975), we adopt, in accordance with Maryland Rule 811 d 3, the well-reasoned opinion of Chief Judge Orth (now an Associate Judge of this Court) in that case and affirm the judgment of the Court of Special Appeals.

Judgment of the Court of Special Appeals affirmed with costs; mandate to issue forthwith.

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