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MURRAY v. STATE

No. 829, September Term, 1976.

35 Md. App. 612 (1977)

371 A.2d 719

WAYNE COURTENEY MURRAY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 13, 1977.

Attorney(s) appearing for the Case

Andrew Jay Graham, with whom were Kramon & Graham, on the brief, for appellant.

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

The cause was argued before GILBERT C.J., and MOYLAN and LISS, JJ.

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

This appeal raises an interesting question of first impression. Does one codefendant in a joint trial, by resting his case without putting on a defense after the State has rested its case, acquire a vested right in foreclosing any other evidence being received against him for any other purpose? May he, by his act of resting, freeze the status quo of proof? For reasons to be discussed, the answer is, "No."

The...

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