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SIMPSON v. STATE

No. 493, September Term, 1976.

34 Md. App. 378 (1977)

367 A.2d 66

LORENZO SIMPSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 3, 1977.

Attorney(s) appearing for the Case

Alan J. Bloom, Assigned Public Defender, for appellant.

Stephen B. Caplis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Bernard A. Raum, Assistant Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Robert Scherr, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before THOMPSON, MOYLAN and LISS, JJ.

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

The appellant, Lorenzo Simpson, was convicted by a Baltimore City jury, presided over by Judge Sol J. Friedman, of armed robbery. The single contention he raises upon this appeal is that the trial court erred in giving an instruction on the missing witness rule.

The facts were such that, barring an appropriate explanation as to why a witness was not called, the missing

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