MARVIN MANDEL, Governor 329
REVISOR'S NOTE: This section is new language
derived from Art- 35, §10. The section
relates to Art. 35, §1 (proposed §9-101)
which does not bar these persons from being
witnesses. This section permits the interest
of the witness or his conviction to be proved
for whatever value it may have. Recent
decisions which have construed this statute
are Mason v. State, 242 Md. 707 (1966);
Johnson v. State, 4 Md. App. 648 (1968); and
Huber v. State, 2 Md. App. 245 (1967). The
conviction must be final, and the appeal time
must have expired. Only the fact of the
appeal is admissible. Style changes are
made. Section 4—520 contains a prohibition
on use of juvenile records under this
section. For inadmissibility of certain
information or statements made by a
participant in juvenile proceedings, see
§3-820. For maintenance and inspection of
police records pertaining to juveniles, see
§3-838.
SEC. 10-906. PROOF OF WRITTEN INSTRUMENT - WILLS
EXCEPTED.
(A) IN GENERAL.
EXCEPT AS PROVIDED IN SUBSECTION (B) EVIDENCE IS
ADMISSIBLE IN ANY PROCEEDING TO PROVE THE EXECUTION OF
A WRITTEN INSTRUMENT ATTESTED BY ONE OR MORE
SUBSCRIBING WITNESSES IN THE SAME MANNER AS THE
INSTRUMENT MIGHT BE PROVED HAD IT NOT BEEN ATTESTED.
EVIDENCE OF A DISPUTED WRITING IS ADMISSIBLE AND MAY
BE SUBMITTED TO THE TRIER OF THE FACTS FOR ITS
DETERMINATION AS TO GENUINENESS [[BY A COMPARISON OF
HANDWRITING ON PAPERS IN EVIDENCE]].
(B) EXCEPTION.
THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE
PROOF OF THE EXECUTION OF A LIST WILL AND TESTAMENT OR
CODICIL.
REVISOR'S NOTE: This section is new language
derived from Art. 35, §12. The section is
divided into two subsections in order to
place additional emphasis upon the fact that
the elements permissible in legal proceedings
do not apply to Wills. This statute has been
recently construed in Parker v. State, 12 Md.
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