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GUNNING v. STATE

Nos. 132, Sept. Term, 1995, 19, Sept. Term, 1996.

701 A.2d 374 (1997)

347 Md. 332

Mark D. GUNNING, Sr. v. STATE of Maryland. Gary L. HARRIS v. STATE of Maryland.

Court of Appeals of Maryland.

October 14, 1997.

Attorney(s) appearing for the Case

Nancy S. Forster, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for appellant.

Mary Ellen Barbera, Asst. Atty. General, on brief, Baltimore, for appellee.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, RAKER and WILNER, JJ.

CHASANOW, Judge.

Two cases before the Court, Mark D. Gunning, Sr., v. State, No. 132, September Term, 1995, and Gary L. Harris v. State, No. 19, September Term, 1996, present the identical issue: whether the trial judge erred in refusing to give a requested jury instruction on eyewitness identification. In both cases the defendant was convicted based on the uncorroborated identification of a single eyewitness and in both cases the defense was mistaken...

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