GROSS v. STATE

No. 162, September Term, 1969.

8 Md. App. 341 (1969)

259 A.2d 570

RONALD MARVIN GROSS AND JOHN WAGSTAFF, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 12, 1969.


Attorney(s) appearing for the Case

Richard S. Kahn (Roland Walker and Millard Rubenstein on the brief) for appellant Gross, and Morris L. Kaplan for appellant Wagstaff.

William E. Brannan, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Peter D. Ward and Luther C. West, Assistant State's Attorneys for Baltimore City, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.


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

John Wagstaff, Jr. and Ronald Marvin Gross (appellants) and Charles Arnold Pace, jointly tried, were found guilty at a court trial in the Criminal Court of Baltimore of robbing Frank Seglinski with a deadly weapon. Each appellant questions the admission of a judicial identification of him as one of the robbers by the victim but for different reasons.

Wagstaff contends that "the court was clearly erroneous in relying...

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