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WOOD v. STATE

[No. 153, September Term, 1980.]

290 Md. 579 (1981)

431 A.2d 93

ARMISTEAD WILLIAM WOOD v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided June 30, 1981.

Attorney(s) appearing for the Case

Michael R. Malloy, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Deborah K. Handel, 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.

MURPHY, C.J., delivered the opinion of the Court.

We granted certiorari in this case prior to decision by the Court of Special Appeals to determine whether an illegally obtained tape recording is admissible in evidence for purposes of impeachment under Maryland Code (1974, 1980 Repl. Vol.), § 10-405 of the Courts and Judicial Proceedings Article, which provides:

"Whenever any wire or oral communication has been...

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