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SMITH v. STATE

[No. 95, September Term, 1980.]

291 Md. 125 (1981)

433 A.2d 1143

JACK JAMES SMITH v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided August 26, 1981.

Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

F. Ford Loker, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

We granted review in this case to decide whether appellant was effectively denied his right of appeal because portions of two state's witnesses' testimony were not preserved due to technical problems with the trial court's tape recording system. The appellant, Jack James Smith, was convicted of first degree murder and two related handgun offenses in the Circuit Court for Anne Arundel County. The Court of Special Appeals...

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