Theodore R. McKeldin, Governor      301

CHAPTER 59

(House Bill 64)

AN ACT to add a new section to Article 35 of the Annotated
Code of Maryland (1951 Edition), title "Evidence," said
new section to be known as Section 5A, to follow im-
mediately after Section 5 thereof (said Section 5 having
had the same number in the 1939 Edition, as amended),
and to be under the sub-title "Competency of Witnesses,"
making admissible certain evidence in the prosecution
of any person for unlawfully carrying a concealed
weapon.

Section 1. Be it enacted by the General Assembly of
Maryland, That a new section be and it is hereby added to
Article 35 of the Annotated Code of Maryland (1951 Edi-
tion), title "Evidence," said new section to be known as
Section 5A, to follow immediately after Section 5 thereof
(said Section 5 having had the same number in the 1939
Edition, as amended), and to be under the sub-title" Com-
petency of Witnesses," and to read as follows:

5A. No evidence in the trial of misdemeanors shall be
deemed admissible where the same shall have been pro-
cured 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 ad-
mission 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 evi--
dence in the prosecution of any person for unlawfully?
carrying a concealed weapon. NOTHING IN THIS SEC-
TION SHALL BE CONSTRUED TO REPEAL, IN PART
OR IN WHOLE, OR TO AFFECT IN ANY MANNER
ANY PROVISION ELSEWHERE IN THIS CODE
SPECIFICALLY EXEMPTING ANY TYPE OF CASE
OR SET OF FACTS FROM THE WORKINGS AND
OPERATION OF THIS SECTION OR SECTION 5
HEREINABOVE.

Sec. 2. And be it further enacted, That this Act shall takej
effect June 1, 1952.

Approved March 28, 1952.

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.