Merchant v. State

This appeal entered November 6, 1957, is from a judgment and death sentence imposed by the Circuit Court for Anne Arundel County, after a conviction of rape in a case tried by two judges of that Court, sitting without a jury. On March 17, 1958, the State moved for an order to correct the record pursuant to Rule 827 of the Maryland Rules, and filed an affidavit of the State’s Attorney in support of the motion. The motion alleged that the appellant had included in his record extract the following testimony in cross-examination of one of the State’s witnesses, Lieutenant Kinsey, a police officer: