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SMITH v. STATE

[No. 98, September Term, 1977.]

283 Md. 156 (1978)

389 A.2d 858

MICHAEL LEE SMITH v. STATE OF MARYLAND

Court of Appeals of Maryland.

Certiorari granted December 4, 1978.

Attorney(s) appearing for the Case

Howard L. Cardin for appellant.

Stephen B. Caplis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Mary Ann Willen, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ., and reargued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

Certiorari granted, Supreme Court of the United States, December 4, 1978.

MURPHY, C.J., delivered the opinion of the Court. DIGGES, ELDRIDGE and COLE, JJ., dissent. ELDRIDGE, J., filed a dissenting opinion in which DIGGES, J., concurs at page 174 infra. COLE, J., filed a dissenting opinion at page 178 infra.

Whether electronically obtained evidence was improperly admitted at the appellant Smith's criminal trial in violation of state law and the...

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