PORTER v. STATE

[No. 74, September Term, 1979.]

289 Md. 349 (1981)

424 A.2d 371

ORVILLE JOSEPH PORTER AND WAYNE PRESTON MORRIS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided January 19, 1981.


Attorney(s) appearing for the Case

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

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.


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

The principal issue in this criminal case is whether, during the jury selection phase of the case, conversations at the bench between the trial judge and certain prospective jurors regarding the ability of those jurors to serve beyond their scheduled term constituted a "stage of the trial" at which the defendants had a right to be present.

The defendants, Orville Joseph Porter and Wayne Preston Morris, were...

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