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CLARK v. STATE

[No. 29, October Term, 1955.]

208 Md. 316 (1955)

118 A.2d 366

CLARK v. STATE

Court of Appeals of Maryland.

Motion for rehearing filed November 30, 1955.

Denied December 2, 1955.

Attorney(s) appearing for the Case

William J. O'Donnell for the appellant.

David Kauffman, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Anselm Sodaro, State's Attorney for Baltimore City, and James W. Murphy, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

HAMMOND, J., delivered the opinion of the Court.

The appellant was convicted of bastardy — of being the father of a child conceived before, but born after, the marriage of the mother to another. The trial was before the court without a jury. At the first hearing in February, 1954, objection was made to the mother's competency to testify as to nonaccess by her husband. The court held the matter sub curia and in...

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