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PULLEY v. STATE

No. 1291, September Term, 1978.

43 Md. App. 89 (1979)

403 A.2d 1272

RODNEY KING PULLEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 11, 1979.

Attorney(s) appearing for the Case

Thomas J. Saunders, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Stephen Rosenbaum, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Sam Brave, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MOYLAN and LISS, JJ.

MOYLAN, J., delivered the opinion of the Court.

At issue is the constitutionality of Maryland Rule 736 as applied to the appellant in this case, Rodney King Pulley. In what amounted to his fourth jeopardy, the appellant was convicted by a Baltimore City jury, presided over by Judge Elsbeth L. Bothe, of felony murder and the use of a handgun in the commission of a felony. The significant contention, of the three here raised by the appellant, is that Judge Bothe erroneously...

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