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Session Laws, 1973, Special Session
Volume 710, Page 328   View pdf image
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328                                            LAWS OF MARYLAND                                [Ch.

Ed.) , §142, the Court, said on page 290:

"Professor Wigmore gives us the key to
the most logical solution of the
legislative intent in enacting Section
11. He points out that the conviction
of another person for the same crime,
assuming that it is predicated as the
deed of one person and not of joint
actors, should be admissible in evidence
when offered by the defense [indeed, he
seems to think it should be pleadable in
bar ], but that the courts have not
always so held. He concludes his
paragraph upon this subject by saying,
"[c]ertainly, the law must in some
manner avoid the absurdity of convicting
two persons for the same crime
committable by one only." We hold that
the trial court was in error in
admitting the conviction and sentence of
Iser as tending to establish the guilt
of the appellant, Gray. (Citing cases)."

It would appear that this section has
application largely to criminal cases despite
the fact that the word "civil" is included.
This word is retained since its removal could
be considered a substantive change. The
revision of the section is made to clarify
language and simplify style.

SEC. 10-905. PROOF OF INTEREST OR CONVICTION OF
CRIME.

(A)   IN GENERAL.

EVIDENCE IS ADMISSIBLE TO PROVE THE INTEREST OF A
WITNESS IN ANY PROCEEDING, OR THE FACT OF HIS
CONVICTION OF AN INFAMOUS CRIME. EVIDENCE OF
CONVICTION IS NOT ADMISSIBLE IF AN APPEAL IS PENDING,
OR THE TIME FOR AN APPEAL HAS NOT EXPIRED, OR THE
CONVICTION HAS BEEN REVERSED, AND THERE HAS BEEN NO
RETRIAL OR RECONVICTION.

(B)   CERTIFICATE UNDER SEAL AS EVIDENCE.

THE CERTIFICATE, UNDER THE SEAL OF THE CLERK OF
THE COURT, OF THE COURT IN WHICH THE CONVICTION
OCCURRED IS SUFFICIENT EVIDENCE OF THE CONVICTION.

 

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Session Laws, 1973, Special Session
Volume 710, Page 328   View pdf image
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