McROY v. STATE

No. 294, September Term, 1974.

24 Md. App. 321 (1975)

330 A.2d 693

JAMES HENRY McROY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 16, 1975.


Attorney(s) appearing for the Case

Alan D. Massengill, Assigned Public Defender, with whom were Massengill & Michael on the brief, for appellant.

Leroy Handwerger, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Irma S. Raker, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before ORTH, C.J. and GILBERT and LOWE, JJ.


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

In the arena provided contestants in an adversary system, it is not surprising that the atmosphere of conflict may occasionally affect the referee. It is inevitable that at some time, some adversary will lose perspective and view as an enemy the judge sitting opposite him rather than the opponent sitting next to him. If these forays develop personal feelings the one toward the other, the defendant, who should demand the...

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