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COLTER v. STATE

[No. 11, September Term, 1983.]

297 Md. 423 (1983)

466 A.2d 1286

FREDDIE LEE COLTER v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided November 2, 1983.

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, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

COUCH, J., delivered the opinion of the Court. ELDRIDGE, COLE and DAVIDSON, JJ., concur. ELDRIDGE, J., filed a concurring opinion at page 431 infra, in which COLE and DAVIDSON, JJ., concur.

At issue in this appeal is whether the trial judge exercised his discretion in preventing an alibi witness from testifying for the defendant because of a violation of Maryland Rule 741.

Appellant, Freddie Lee Colter, was tried before a jury in the Circuit Court for...

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