JOURNIGAN v. STATE

[No. 42, September Term, 1960.]

223 Md. 405 (1960)

164 A.2d 896

JOURNIGAN v. STATE GARDNER v. STATE (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided November 9, 1960.


Attorney(s) appearing for the Case

Leo Wm. Dunn, Jr., with whom was Joseph A. DePaul on the brief, for the appellants.

Clayton A. Dietrich, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, William L. Kahler, State's Attorney for Prince George's County, and Frank P. Flury, Deputy State's Attorney, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


HAMMOND, J., delivered the opinion of the Court.

Appellants, appealing after a conviction of robbery with a deadly weapon, first contend that the substitution of a judge during the course of the trial denied them a fundamental right to the presence of the same judge throughout the trial which they could not waive, as they had expressly purported to do, and then say that the privilege against self-incrimination was violated when a policeman was allowed to testify that...

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