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MARSHALL v. STATE

[No. 121, September Term, 1980.]

291 Md. 205 (1981)

434 A.2d 555

LARRY RUDOLPH MARSHALL v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 10, 1981.

Attorney(s) appearing for the Case

Michael R. Braudes, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Diane G. Goldsmith, 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. MURPHY, C.J., and SMITH and RODOWSKY, JJ., dissent. SMITH, J., filed a dissenting opinion at page 214 infra, in which MURPHY, C.J., and RODOWSKY, J., concur.

In this case we shall determine whether the trial court abused its discretion when it admonished the appellant/witness to tell the truth or be prosecuted for perjury.

Larry Rudolph Marshall was tried and convicted of first degree murder by a jury and...

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