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OFFICE OF FIN., BALTO. CO. v. PREVITI

[No. 89, September Term, 1982.]

296 Md. 512 (1983)

463 A.2d 842

OFFICE OF FINANCE OF BALTIMORE COUNTY, MARYLAND v. GERALD PREVITI

Court of Appeals of Maryland.

Decided August 12, 1983.

Attorney(s) appearing for the Case

Michael J. Moran, Assistant County Attorney, with whom was Leonard S. Jacobson, County Attorney, on the brief, for appellant.

George A. Breschi, with whom was Robert A. Breschi on the brief, for appellee.

The cause was argued before SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), specially assigned.

RODOWSKY, J., delivered the opinion of the Court. ELDRIDGE and DAVIDSON, JJ., dissent. ELDRIDGE, J., filed a dissenting opinion at page 519 infra, in which DAVIDSON, J., concurs in Part III.

Md. Code (1957, 1982 Repl. Vol.), Art. 27, § 264 deals with the forfeiture of cash seized in connection with an arrest for gambling. In this case we shall hold that the instances in which forfeitures pursuant to § 264 may arise are not limited to situations where...

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