SMITH v. STATE

No. 82, September Term, 1983.

302 Md. 175 (1985)

486 A.2d 196

RODNEY LORENZO SMITH v. STATE OF MARYLAND.

Court of Appeals of Maryland.

January 10, 1985.


Attorney(s) appearing for the Case

Julia A. Doyle, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired) specially assigned.


ELDRIDGE, Judge.

The issue in this case is whether the trial court erred in denying the petitioner's request to have the jury instructed on alibi after the petitioner testified at trial that he "was in Texas at the time the crimes were committed" in Maryland. We hold that the trial court's refusal to instruct the jury on alibi constituted error, and we therefore reverse.

The petitioner, Rodney Lorenzo Smith, was charged in an eight count indictment with armed...

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