IN RE CRIMINAL INVESTIGATION NO. 1-162

No. 27, September Term, 1986.

307 Md. 674 (1986)

516 A.2d 976

IN RE CRIMINAL INVESTIGATION NO. 1-162, IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY.

Court of Appeals of Maryland.

November 10, 1986.


Attorney(s) appearing for the Case

Dale P. Kelberman, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., and Deborah K. Chasanow, Asst. Atty. Gen., on the brief), Baltimore, for appellant.

John H. Morris, Jr. and David B. Irwin (Venable, Baetjer & Howard, William A. Swisher, Baltimore, Kenneth H. Masters, Catonsville, and John W. Moyer and Gerald W. Soukup, Towson, on the brief), for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ., and MARVIN H. SMITH, Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.


MURPHY, Chief Judge.

Maryland Code (1957, 1982 Repl.Vol.), Article 27, § 262 confers immunity from prosecution upon witnesses compelled by the State to testify in the course of a gambling investigation. This case focuses upon the scope or extent of the immunity provided by § 262, which reads as follows:

"No person shall refuse to testify concerning any gaming or betting because his testimony would implicate himself and he shall be a competent witness...

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