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SETZER v. STATE

No. 287, September Term, 1975.

29 Md. App. 347 (1975)

348 A.2d 866

JAMES STEVEN SETZER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 4, 1975.

Attorney(s) appearing for the Case

Melvin J. Kodenski, Assigned Public Defender, for appellant.

John A. Austin, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Stephen Sachs, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, GILBERT and MELVIN, JJ.

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

In this appeal we are required to reverse the judgment of the Criminal Court of Baltimore, entered upon a jury verdict finding the appellant, James Steven Setzer, guilty of the crime of rape. We take that action because the prosecution, over objection, was allowed to inject into the trial of appellant, in the guise of rebuttal testimony, the "bad man" theory that we strongly...

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