KISSINGER v. STATE

No. 1703, Sept. Term, 1996.

700 A.2d 795 (1997)

117 Md. App. 372

Walter Duff KISSINGER v. STATE of Maryland.

Court of Special Appeals of Maryland.

September 25, 1997.


Attorney(s) appearing for the Case

Victoria S. Lansburgh, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant.

Kathryn Grill Graeff, Asst. Attorney General (J. Joseph Curran, Jr., Attorney General, Baltimore, and Sandra A. O'Connor, State's Attorney for Baltimore County, Towson, on the brief), for appellee.

Submitted before CATHELL and SONNER, JJ., and ROBERT C. MURPHY, Judge (retired), Specially Assigned.


SONNER, Judge.

A jury for the Circuit Court for Baltimore County convicted Walter Duff Kissinger of attempted robbery with a deadly weapon,for which he received a sentence of fifteen years' imprisonment. At the close of the trial, the court (Cadigan, J.), without a request from appellant, issued an "anti-inference" instruction to the members of the jury, advising them of the defendant's constitutional right not to testify and that no adverse inference should be drawn...

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