RIVENBARK v. STATE

No. 672, September Term, 1985.

66 Md. App. 378 (1986)

504 A.2d 647

BILLY CLAYTON RIVENBARK v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

February 10, 1986.


Attorney(s) appearing for the Case

Howard Cardin, Assigned Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant.

Nicolette H. Prevost, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., Baltimore, Sandra A. O'Connor, State's Atty. for Baltimore County and Susan A. Schenning, Asst. State's Atty. for Baltimore County, on brief, Towson), for appellee.

Argued before ADKINS, BLOOM and WENNER, JJ.


ADKINS, Judge.

When the existence of a conspiracy has been established, declarations of a conspirator made during the pendency and in furtherance of the object of the conspiracy are admissible against another conspirator, Lawrence v. State, 103 Md. 17, 63 A. 96 (1906). Whether this exception to the hearsay rule was properly applied is the central issue in this case. For reasons we shall explain, we hold it was not. Consequently, we must reverse the felony murder...

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