PERKINS v. STATE

No. 340, September Term, 1970.

11 Md. App. 527 (1971)

275 A.2d 517

JOHNNY PERKINS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 31, 1971.


Attorney(s) appearing for the Case

Thomas P. Smith, with whom were Karl G. Feissner, William L. Kaplan, Fred R. Joseph, and Andrew R. Greenwald on the brief, for appellant.

Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Robert W. King, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and MORTON and POWERS, JJ.


MURPHY, C.J., delivered the opinion of the Court.

Appellant was found guilty by a jury of robbery with a deadly weapon and carrying a deadly weapon openly with intent to injure; he was sentenced to fifteen years imprisonment. On appeal, he contends that the trial judge erred "in admitting an in-court identification which was based upon tainted evidence, without a proper hearing."

No pretrial motion to suppress or exclude identification evidence was made by...

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