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EVERHART v. STATE

No. 118, September Term, 1973.

20 Md. App. 71 (1974)

315 A.2d 80

MICHAEL ASHTON EVERHART v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 13, 1974.

Attorney(s) appearing for the Case

Frederick R. Joseph, with whom were Feissner, Kaplan, Smith, Joseph & Greenwald and William Leckemby on the brief, for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Robert S. Rothenhoefer, State's Attorney for Frederick County, on the brief, for appellee.

The cause was argued before MORTON, MOYLAN and MOORE, JJ.

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

The exclusionary rule of evidence, a child of controversy since its birth in 1901, has always played to at-best mixed reviews. The present appeal by Michael Ashton Everhart from his conviction by a Frederick County jury, presided over by Judge Samuel Barrick, of 1) maintaining a common nuisance and 2) possession of marihuana prompts a first-impression consideration of the applicability of that exclusionary rule to the...

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