JACOBS v. STATE

No. 399, September Term, 1979.

45 Md. App. 634 (1980)

415 A.2d 590

RANDY JACOBS, LAWRENCE RUFUS JACKSON AND ROBERT GALLOWAY A/K/A ROBERT LEWIS A/K/A ROBERT LEWIS JACKSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 11, 1980.


Attorney(s) appearing for the Case

Thomas J. Saunders, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant Randy Jacobs. Patrick D. Hanley, Assigned Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant Robert Galloway. Peter M. Levin, Assigned Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant Lawrence Rufus Jackson.

Alexander L. Cummings, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Dale Kelberman, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

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


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

This appeal, in its most significant aspect, requires us to stand far back and observe some fundamental characteristics of the criminal justice system that are too easily lost sight of when we get in so close that we lose perspective. It requires an appreciation of the functional difference between the common law of evidence and the constitutional law of evidence. It requires...

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