GUTRIDGE v. STATE

[No. 47, September Term, 1964.]

236 Md. 514 (1964)

204 A.2d 557

GUTRIDGE v. STATE

Court of Appeals of Maryland.

Decided November 13, 1964.


Attorney(s) appearing for the Case

James W. Murphy for the appellant.

R. Randolph Victor, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell and Robert V. Lazzaro, State's Attorney and Assistant States Attorney, respectively, for Baltimore City, on the brief, for the appellee.

The cause was argued before HENDERSON, C.J., and HAMMOND, PRESCOTT, HORNEY and SYBERT, JJ.


HENDERSON, C.J., delivered the opinion of the Court. PRESCOTT, J., concurs in the result.

The appellant was convicted, as a second offender, of control of narcotics. He contends that the testimony of his wife should have been excluded, since it disclosed a "confidential communication made by the one to the other," in violation of Code (1957), Art. 35, sec. 4. He further contends that the narcotics put in evidence against him were obtained as a result of an illegal...

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