Myers v. State

COLE, Judge.

The issue of first impression presented in this case is whether a person who is found guilty of perjury, but who is given probation before judgment, is competent to testify. This issue arises by virtue of Md.Code (1974, 1984 Repl. Vol.), § 9-104 of the Courts and Judicial Proceedings Article (Courts Article), which provides that “[a] person convicted of perjury may not testify.” (Emphasis supplied).

Pursuant to an Agreed Statement of Facts under Md. Rule 828g, the facts are not in dispute. Appellant, Dennis Wayne Myers, was indicted for first degree murder by a grand jury sitting…