Kosmas v. State

McAULIFFE, Judge.

We reverse the murder conviction of this defendant because the introduction of evidence that he refused to take a lie detector examination prejudiced his case beyond the point that an instruction to disregard the testimony reasonably could be expected to effect a cure.

I

Stanley and Maria Kosmas were married in 1963 and had three children. Their marriage was harmonious for a number of years, but problems developed about the time Maria accepted employment outside the home. The defendant entertained suspicions that his wife was keeping company with one of her employers, and he…