Seven T-Shirts


D was charged with having committed an assault in Langley Park, a Baltimore suburb, on June 11, 1966. He was arrested in November 1966 and brought to trial in May 1967. At trial, the victim testified that he had been assaulted in Langley Park by a man wearing a tight black ski mask who emitted a strong, nauseating body odor. The arresting officer testified that at the time of arrest, D was wearing seven T-shirts, each dirtier and smellier than the one before. The prosecution offered the seven T-shirts into evidence.

Should D's objection to this evidence be sustained? Are the T-shirts admissible? What is their relevance? If there were no additional evidence beyond that set forth above, should the judge direct a verdict in favor of the defendant?

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