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BAKER v. STATE

No. 785, September Term, 1976.

35 Md. App. 593 (1977)

371 A.2d 699

TERETHA McNEIL BAKER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 12, 1977.

Attorney(s) appearing for the Case

Lee N. Sachs, Assigned Public Defender, for appellant.

Kathleen M. Sweeney, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Timothy Doory, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, DAVIDSON and MASON, JJ.

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

This appeal addresses the intriguing question of what latitude a judge should permit counsel when a witness takes the stand and says, "I don't remember." What are the available keys that may unlock the testimonial treasure vaults of the subconscious? What are the brush strokes that may be employed "to retouch the fading daguerreotype of memory?"1 The subject is that of Present Recollection...

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