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HOLMES v. STATE

No. 571, September Term, 1969.

10 Md. App. 253 (1970)

269 A.2d 175

THOMAS L. HOLMES v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 5, 1970.

Attorney(s) appearing for the Case

John J. O'Meara for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Joseph G. Koutz, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was submitted to MURPHY, C.J., and ORTH and THOMPSON, JJ.

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

When Thomas L. Holmes, charged with the robbery of Earle Barnes with a deadly weapon and six related offenses, came on for trial without a jury in the Criminal Court of Baltimore, he requested and was granted permission to be seated among the spectators.1 There were eight persons seated in the space reserved for spectators and witnesses and Holmes took a position among them. He was located...

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