AUSTIN v. STATE

[No. 222, September Term, 1968.]

253 Md. 313 (1969)

252 A.2d 797

AUSTIN v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided May 1, 1969.


Attorney(s) appearing for the Case

Edward J. Angeletti and John D. Hackett for appellant.

Bernard L. Silbert, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney of Baltimore City, and James F. Garrity, Assistant State's Attorney of Baltimore City, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, McWILLIAMS, FINAN and SMITH, JJ.


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

We review this case on a writ of certiorari (Code (1968 Repl. Vol.) Art. 5, Sec. 21A) for the sole purpose of determining the correctness of the holding of the Court of Special Appeals sustaining the trial court's refusal to admit into evidence a police report, pertaining to the identification of the accused, as given to a police officer by a witness near the scene of the crime.

At a trial held February 20-21...

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