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HUGHES v. STATE

[No. 122, September Term, 1979.]

288 Md. 216 (1980)

421 A.2d 69

ALFRED DONNELL HUGHES v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided August 12, 1980.

Attorney(s) appearing for the Case

Nancy Louise Cook, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Ray E. Stokes, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

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

SMITH, J., delivered the opinion of the Court. MURPHY, C.J., and RODOWSKY, J., dissent. MURPHY, C.J., filed a dissenting opinion at page 230 infra, in which RODOWSKY, J., concurs.

We are concerned in this case with the interplay between Maryland Rule 724 stating, with exceptions not here applicable, "[t]he defendant shall be present at every stage of the trial" and Rule 746 b providing that once a trial date in a criminal case has been set any change of date...

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