Baker v. State

35 Md.App. 593, 371 A.2d 699 (1977)

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Nature of the Case

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Facts

When the police arrived at the scene of the alleged robbery, the victim was still alive. He described the attack to Officer Bolton, who then took him to the hospital. While en route to the hospital, Bolton received a call from Officer Hucke, who informed him that a suspect had been picked up. Before going to the hospital, Bolton took the victim to the place where Hucke was holding the suspect. Hucke's report indicated that the victim confronted the suspect, Baker (D), and said that she was not one of his attackers. At trial, Bolton testified, and D attempted to elicit the victim’s reaction to her on cross-examination. To this end, D's counsel attempted to show Hucke's report to Bolton to refresh his memory. The trial court refused to allow the report since it was not based on Bolton's personal knowledge. D appeals her conviction on the grounds that it was error for the court to refuse to allow the report.