MARVIN MANDEL, Governor                                 327

VOLUNTARY NATURE OF THE SEPARATION.

REVISOR'S NOTE: This section is new language
derived from Art. 35, §4.

language and style are modified for clarity
purposes and this portion of §4 is divided
into subsections because of the different
requirements of corroboration.

SEC. 10-902. OFFENSES COMMITTED BY WIFE IN PRESENCE
OF HUSBAND.

THERE IS NO PRESUMPTION THAT AN OFFENSE COMMITTED
BY A WIFE IN THE PRESENCE OF HER HUSBAND IS COMMITTED
UNDER THE COERCION OF THE HUSBAND.

REVISOR'S NOTE: This section presently appears as
Art. 35, §7.

Md. Laws 1973, Ch. 392 removes a wife's
defense of coercion in charges of murder or
treason committed in her husband's presence.
Changes are made in style and language.

SEC. 10-903. FAILURE TO TESTIFY IN CRIMINAL
PROCEEDING.

EVIDENCE IS NOT ADMISSIBLE IN A CIVIL PROCEEDING
TO PROVE THAT ANY PARTY FAILED TO TESTIFY IN A
CRIMINAL PROCEEDING INVOLVING THE SAME SUBJECT MATTER.

REVISOR'S NOTE: This section is new language
derived from Art. 35, §8. The only changes
made are in style.

SEC. 10-904. PROOF OF CRIME COMMITTED BY ANOTHER.

IN A CIVIL OR CRIMINAL CASE IN WHICH A PERSON IS
CHARGED WITH COMMISSION OF A CRIME OR ACT, EVIDENCE IS
ADMISSIBLE BY THE DEFENDANT TO SHOW THAT ANOTHER
PERSON HAS BEEN CONVICTED OF COMMITTING THE SAME CRIME
OR ACT.

REVISOR'S NOTE: This section is new language
derived from Art. 35, §11.

This section has been construed by the Court
of Appeals, Gray v. State, 221 Md. 286
(1960). Quoting 1 Wigmore, Evidence (3rd.