Byrd v. State

Richard Elmo Byrd, appellant, was convicted by a jury in the Circuit Court for Montgomery County, of distributing a controlled dangerous substance, videlicet, heroin, in violation of Md. Ann. Code Art. 27, § 286(a) (1). Appellant was sentenced to seven years incarceration under the jurisdiction of the Division of Correction.

Appellant assails the judgment of conviction in a fourfold manner. He asserts the trial judge erred in:

1. refusing to allow, at State expense, the rendition of a chemist to test the alleged controlled dangerous substance.

2. failing to dismiss a defective indictment.

3.…