MYERS v. STATE

No. 80, September Term, 1984.

303 Md. 639 (1985)

496 A.2d 312

DENNIS WAYNE MYERS, SR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

September 5, 1985.


Attorney(s) appearing for the Case

Julia Doyle Bernhardt, Asst. Public Defender, Baltimore, for appellant; Alan H. Murrell, Public Defender, Baltimore, on brief.

Jillyn K. Schulze, Asst. Atty. Gen., Baltimore, for appellee; Stephen H. Sachs, Atty. Gen., Baltimore, on brief.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and W. Albert Menchine, Associate Judge of the Court of Special Appeals (retired) specially assigned.


COLE, Judge.

The issue of first impression presented in this case is whether a person who is found guilty of perjury, but who is given probation before judgment, is competent to testify. This issue arises by virtue of Md.Code (1974, 1984 Repl. Vol.), § 9-104 of the Courts and Judicial Proceedings Article (Courts Article), which provides that "[a] person convicted of perjury may not testify." (Emphasis supplied).

Pursuant to an Agreed Statement...

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