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BREWER v. MELE

[No. 96, September Term, 1972.]

267 Md. 437 (1972)

298 A.2d 156

BREWER v. MELE ET AL.

Court of Appeals of Maryland.

Decided December 20, 1972.

Attorney(s) appearing for the Case

R. Roger Drechsler for appellant.

William K. Connor for appellee Mele and Cypert O. Whitfill for appellee Leard.

The cause was argued before BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ., and CHARLES E. MOYLAN, JR., Associate Judge of the Court of Special Appeals, specially assigned.

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

It is the realistic judgment of state and national constitutions as well as that of the common law that personal liberties must sometimes yield to the needs of public order upon the basis of probabilities which are less than certainties. The balance, painstakingly arrived at, is adjusted to reduce significantly the incidence of mistake, but it does not presume to eliminate it...

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