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Session Laws, 1951
Volume 603, Page 2063   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 2057
CHAPTER 704
(House Bill 558)

AN ACT to repeal and re-enact, with amendments, Section 5
of Article 35 of the Annotated Code of Maryland (1947
Supplement), title "Evidence, " sub-title "Competency of
Witnesses, " making certain evidence admissible in Anne
Arundel County in the prosecution of any person for violat-
ing the gambling laws as contained in Sections 288 to 307,
inclusive, of Article 27 of the Annotated Code of Maryland
(1939 Edition), sub-title "Gaming, " as said sub-title is
amended and supplemented from time to time.

SECTION 1. Be it enacted by the General Assembly of Mary-
land,
That Section 5 of Article 35 of the Annotated Code of
Maryland (1947 Supplement), title "Evidence, " subtitle
"Competency of Witnesses, " be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

5. No evidence in the trial of misdemeanors shall be deemed
admissible where the same shall have been procured by,
through, or in consequence of any illegal search or seizure or
of any search and seizure prohibited by the Declaration of
Rights of this State; nor shall any evidence in such cases be
admissible if procured by, through or in consequence of a
search and seizure, the effect of the admission of which would
be to compel one to give evidence against himself in a criminal
case; provided, however, that nothing in this section shall
prohibit the use of such evidence in Baltimore County in the
prosecution of any person for unlawfully carrying a concealed
weapon. Provided, further, that nothing in this section shall
prohibit the use of such evidence in Anne Arundel County in
the prosecution of any person for a violation of the gambling
laws as contained in Sections 288 to 307, inclusive, of Article
27 of the Annotated Code of Maryland (1939 Edition), sub-
title "Gaming, " or in any laws amending or supplementing
said sub-title.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1951.

Approved May 7, 1951.

——————

EXPLANATION: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.


 

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Session Laws, 1951
Volume 603, Page 2063   View pdf image (33K)
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