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GARDNER v. STATE

No. 209, September Term, 1970.

10 Md. App. 691 (1971)

272 A.2d 410

WILLIAM O. GARDNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 8, 1971.

Attorney(s) appearing for the Case

Basil Wadkovsky for appellant.

T. Joseph Touhey, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William Parsons Fennell, State's Attorney for Kent County, and L. Robert Evans, Deputy State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ANDERSON, MORTON, and MOYLAN, JJ.

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

The appellant, William O. Gardner, was cited for direct contempt of court by Judge George B. Rasin, Jr., in the Circuit Court for Kent County for his refusal to testify as a State's witness in the jury trial of Gordon C. Gaskins for murder.

On appeal he alleges (1) that the contempt citation was erroneous because of the failure of the trial judge to order him to answer...

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