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HOWARD v. STATE

No. 287, September Term, 1973.

19 Md. App. 673 (1974)

313 A.2d 567

STEPHEN GARY HOWARD v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 7, 1974.

Attorney(s) appearing for the Case

John J. Garrity, with whom was Edward P. Camus, Public Defender for Prince George's County, Maryland on the brief, for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Richard H. Sothoron, Jr., Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before THOMPSON, GILBERT and MOORE, JJ.

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

A legal intern, working with the prosecutor, made reference in closing argument to important evidence which had not been presented to the jury. We hold that the trial judge abused his discretion in failing to grant appellant's timely motion for a mistrial.

Stephen Gary Howard, the appellant, was convicted of rape and kidnapping by a jury in the Circuit Court for...

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