SMITH v. STATE

No. 466, September Term, 1970.

12 Md. App. 130 (1971)

277 A.2d 622

WALTER WILLIAM SMITH, JR. AND JOHNNIE NELSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 1, 1971.


Attorney(s) appearing for the Case

Alexander R. Martick for appellant Johnnie Nelson. Submitted on brief by Bernard Reamer for other appellant Walter William Smith, Jr.

Robert A. DiCicco, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Howard L. Cardin, State's Attorney for Baltimore City, and Phillip Epstein, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ANDERSON, ORTH and THOMPSON, JJ.


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

Walter William Smith, Jr. and Johnnie Nelson, the appellants, were convicted of armed robbery in a jury trial presided over by Judge Meyer M. Cardin. For reasons given below, the judgments are reversed and the case is remanded for a new trial. Such facts as are necessary will be presented with the contentions.

Nelson first contends the trial judge erred by failing to ask the jurors on voir dire, "Would...

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