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227 Md. 391

MacDonald v. State

Court of Appeals of Maryland

Decided January 23, 1962

Court of Appeals of Maryland · decided 1962-01-23

Cited by 2 later decisions — most recently September 1967

2 state decisions

Relies on Harward v. Harward

Good law ✅— No negative treatment on recordhow we know

Decided 1962-01-23

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PER Curiam.

¶1Convicted of disturbing the peace and assault upon one Hutchins, the appellant contends that the court committed reversible error in failing to sustain an objection to a leading question propounded by the State to a State’s witness. We find no merit in the contention for two reasons. In the first place, the question objected to, as to who was present when the appellant struck Hutchins, followed positive testimony by the witness that he saw the appellant strike Hutchins, which had come in without objection. The question objected to was not designed to supply an answer to the question propounded and hence was not leading. Harward v. Harward, 173 Md. 339, 350. In the second place, the court in effect sustained the objection when it commented: “Ask him who was there.” The question was reframed, and the original question, containing the reference to a striking, was never answered.

¶2Judgment affirmed.

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