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PINKNEY v. STATE

No. 323, September Term, 1969.

9 Md. App. 283 (1970)

263 A.2d 871

JEROME JULIUS PINKNEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 6, 1970.

Attorney(s) appearing for the Case

Harleigh P. Ewell (Robert H. Law on the brief) for appellant.

Francis X. Pugh, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, State's Attorney for Prince George's County, and Benjamin R. Wolman, Assistant State's Attorney for Prince George's County, 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.

The precise question presented in this case is whether the lower court erred by not applying the proper test as to the sufficiency of the evidence in denying appellant's motion for a new trial. The question requires consideration of basic matters with respect to a motion for a new trial by a defendant who stands convicted of a criminal offense: (1) his right to have the trial...

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