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McCLAIN v. STATE

[No. 94, September Term, 1979.]

288 Md. 456 (1980)

419 A.2d 369

JAMES McCLAIN v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 9, 1980.

Attorney(s) appearing for the Case

Patricia A. Logan, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Ray E. Stokes, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

SMITH, J., delivered the opinion of the Court. MURPHY, C.J., dissents and filed a dissenting opinion at page 471 infra.

We are presented with two questions in this case: (1) Whether appellant James McClain preserved for appellate review the issue of whether statements obtained from him in violation of Maryland District Rule 709 a were not admissible in evidence, as we ultimately held in Johnson v. State,

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