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BENNETT v. STATE

[No. 3, September Term, 1978.]

283 Md. 619 (1978)

392 A.2d 76

FOSTER ELWOOD BENNETT v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided October 13, 1978.

Attorney(s) appearing for the Case

Michael R. Malloy, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Ray E. Stokes, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

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

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

We hold that in a criminal prosecution by the State of Maryland the constitutional rights to due process of law1 are not violated by placing upon the defendant the burden of proving by a preponderance of the evidence his assertion that a witness offered against him is an accomplice.2

I

Foster Elwood Bennett...

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