Gardner v. State

Appellant, William Oliver Gardner, was tried on January 27, 1969 in the Criminal Court of Baltimore by a jury, Judge Basil A. Thomas presiding, for robbery with a deadly weapon of the Union Trust Company’s branch office on North Avenue in Baltimore. The jury found appellant guilty and, after denial of a motion for a new trial, he was sentenced to twenty years under the supervision of the Department of Correctional Services. Appellant presents five questions. They are:

1. Did the trial court err in permitting the recall of a State witness ?

2. Was the in-court identification of appellant…