AUSTIN v. STATE

No. 343, September Term, 1991.

90 Md. App. 254 (1992)

600 A.2d 1142

DARRYL SHJUAN AUSTIN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

January 31, 1992.


Attorney(s) appearing for the Case

John L. Kopolow, Asst. Public Defender (Stephen E. Harris, Public Defender on the brief), Baltimore, for appellant.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Andrew L. Sonner, State's Atty. for Montgomery County, Rockville, on the brief), for appellee.

Argued before WILNER, C.J., and MOYLAN and ALPERT, JJ.


MOYLAN, Judge.

The number of occasions on which we are asked to invoke the "plain error" exemption from the otherwise foreclosing effect of non-preservation through failure to object remains so epidemic that it behooves us periodically, as forcefully as we know how, to do what we can to limit the contagion. Maryland Rule 4-325(e) states the basic and simple principle with unmistakable clarity:

"No party may assign as error the giving or the failure to give...

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