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STATE v. LOSCOMB

[No. 38, September Term, 1980.]

291 Md. 424 (1981)

435 A.2d 764

STATE OF MARYLAND v. MICHAEL LEE LOSCOMB

Court of Appeals of Maryland.

Decided October 13, 1981.

Attorney(s) appearing for the Case

Bonnie A. Travieso, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellant.

Broughton M. Earnest, with whom were Goldsborough, Franch & Collett on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, COLE, DAVIDSON and RODOWSKY, JJ.

DAVIDSON, J., delivered the opinion of the Court. SMITH and COLE, JJ., concur in part and dissent in part. SMITH, J., filed a concurring and dissenting opinion at page 437 infra, in which COLE, J., concurs.

This case concerns the circumstances under which the results of chemical tests for alcohol are admissible in evidence. More particularly, it presents three questions. The first question is whether the exclusionary rule contained in Md. Code (1974, 1980 Repl...

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