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STATE v. HEPPLE

[No. 70, September Term, 1976.]

279 Md. 265 (1977)

368 A.2d 445

STATE OF MARYLAND v. RICHARD E. HEPPLE AND JAMES EDWARD JONES

Court of Appeals of Maryland.

Decided February 1, 1977.

Attorney(s) appearing for the Case

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellant.

Michael E. Kaminkow, with whom was Richard T. Rombro on the brief, for appellee Richard E. Hepple. Geraldine Kenney Sweeney, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee James Edward Jones.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ.

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

These two criminal causes, consolidated both in the Court of Special Appeals and in this Court, involve the common issue whether certain testimonial evidence presented by the State after it had rested and after the defense had fully presented its case was properly admitted, either as appropriate rebuttal evidence or in the exercise of the trial court's discretion to allow evidence at the rebuttal stage which should have...

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