ELEY v. STATE

[No. 109, September Term, 1979.]

288 Md. 548 (1980)

419 A.2d 384

JONATHAN WAYNE ELEY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 16, 1980.


Attorney(s) appearing for the Case

Thomas J. Saunders, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Stephen B. Caplis, 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.


COLE, J., delivered the opinion of the Court. MURPHY, C.J., and RODOWSKY, J., dissent. MURPHY, C.J., filed a dissenting opinion at page 556 infra, in which RODOWSKY, J., joins.

The question here is whether the trial court erred when it refused to allow defense counsel in closing argument to comment upon the lack of any evidence with respect to fingerprints on the escape vehicle allegedly used by the appellant.

Early in the evening on the date of the...

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