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STATE v. MOON

[No. 141, September Term, 1980.]

291 Md. 463 (1981)

436 A.2d 420

STATE OF MARYLAND v. CRAIG WESLEY MOON

Court of Appeals of Maryland.

Motion for reconsideration filed October 20, 1981.

Supplementary motion for reconsideration filed November 10, 1981.

Denied November 20, 1981.

Attorney(s) appearing for the Case

Maureen O'Ferrall, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellant.

John L. Kopolow, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

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

Motion for reconsideration filed October 20, 1981, opinion modified and as modified, motion denied.

SMITH, J., delivered the opinion of the Court. ELDRIDGE and DAVIDSON, JJ., dissent. DAVIDSON, J., filed a dissenting opinion at page 479 infra, in which ELDRIDGE, J., concurs.

We shall here hold that the exclusionary provisions of Maryland Code (1974, 1979 Cum. Supp.) § 10-309, Courts and Judicial Proceedings Article, are not applicable to evidence...

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