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HENDERSON v. STATE

No. 818. September Term, 1981.

51 Md. App. 152 (1982)

JAMES MONROE HENDERSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 4, 1982.

Attorney(s) appearing for the Case

Submitted by Alan H. Murrell, Public Defender, and Michael R. Malloy, Assistant Public Defender, for appellant.

Submitted by Stephen H. Sachs, Attorney General, Stephen B. Caplis, Assistant Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Mark P. Cohen, Assistant State's Attorney for Baltimore City, for appellee.

The cause was submitted on briefs to GILBERT, C.J., and MORTON and MASON, JJ.

GILBERT, C.J., delivered the opinion of the Court.

On September 16, 1980, the Court of Appeals decided Eley v. State, 288 Md. 548, 419 A.2d 384 (1980).1

Eley mandates that if the State does not produce possible other relevant evidence or explain its failure to produce that evidence, the defendant is permitted to comment to the fact finder on the State...

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