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POWELL v. STATE

No. 10, September Term, 1991.

324 Md. 441 (1991)

597 A.2d 479

WILBERT POWELL, JR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

October 30, 1991.

Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Stephen E. Harris, Public Defender, Jose Felipe Anderson, Asst. Public Defender, on brief), Baltimore, for petitioner.

Thomas K. Clancy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

ROBERT M. BELL, Judge.

This case presents two questions for our resolution, namely, whether the failure to hold, or waive, a preliminary hearing is jurisdictional and whether, under the facts sub judice, hearsay evidence should have been admitted. When it addressed these issues, the Court of Special Appeals answered both questions in the negative. Powell v. State, 85 Md.App. 330, 583 A.2d 1114

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