McCray v. State

COUCH, Judge.

We granted certiorari in this case to consider whether the trial court erred in refusing to allow a proffered defense witness to testify in his behalf on the basis of a violation of the sequestration rule1 when there was no request for sequestration nor any such order. Under the facts and circumstances present we hold the trial judge did err.

Ernest McCray was charged with, inter alia, second degree rape and child abuse. He was tried in the Circuit Court for Baltimore City and convicted of these two charges. Upon appeal to the Court of Special Appeals that court affirmed the…