SMITH v. STATE

No. 1265, September Term, 1984.

63 Md. App. 311 (1985)

492 A.2d 926

CURTIS LEE SMITH, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

May 20, 1985.


Attorney(s) appearing for the Case

Michael R. Malloy, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellant.

Valerie V. Cloutier, Asst. Atty. Gen., Baltimore, Stephen H. Sachs, Atty. Gen., Baltimore, Arthur A. Marshall, Jr., State's Atty. for Prince George's County and Michael Whalen, Asst. State's Atty. for Prince George's County, Upper Marlboro, on brief, for appellee.

Argued before WILNER, BLOOM and ROBERT M. BELL, JJ.


ROBERT M. BELL, Judge.

Curtis Lee Smith, appellant, has appealed from the denial, by the Circuit Court for Prince George's County (Femia, J.) of his motion for a new trial. Because we find the trial court erred when it refused to compel the testimony of one of the witnesses produced at the hearing, we will reverse and remand to that court for further proceedings.

Appellant was tried by a jury presided over by Judge Femia. Despite relatively weak identification...

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