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POLK v. STATE

No. 781, September Term, 1980.

48 Md. App. 382 (1981)

427 A.2d 1041

KENNETH EDGAR POLK v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 9, 1981.

Attorney(s) appearing for the Case

Arthur A. DeLano, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Michael A. Anselmi, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Neal P. Myerberg, State's Attorney for St. Mary's County, on the brief, for appellee.

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

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

This appeal presents anew the issue of the admissibility of hypnotically induced testimony.1 The testimony here was that of an eight-year-old boy, the prosecuting witness in the trial of appellant, a forty-year-old man, for alleged sexual offenses. Under the circumstances shown, and for the reasons stated, we reverse and remand for a new trial.

I

The appellant, Kenneth Edgar...

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