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FOREMAN v. STATE

No. 907, Sept. Term, 1998.

723 A.2d 912 (1999)

125 Md. App. 28

Crawley McCoy FOREMAN v. STATE of Maryland.

Court of Special Appeals of Maryland.

February 4, 1999.

Attorney(s) appearing for the Case

Martha Weisheit, Asst. Public Defender (Stephen E. Harris, Public Defender on the brief), Baltimore, for appellant.

Annabelle L. Lisic, Asst. Atty. General (J. Joseph Curran, Jr., Atty. General, Baltimore, and Jack B. Johnson, State's Atty. for Prince George's County, Upper Marlboro, on the brief), for appellee.

Submitted before MURPHY, C.J., and ADKINS and ROBERT C., MURPHY (Retired, Specially Assigned), JJ.

MURPHY, Chief Judge.

As a general rule, extrinsic evidence of a witness's prior oral inconsistent statement is admissible if (1) the contents of the statement and the circumstances under which it was made, including the persons to whom it was made, are disclosed to the witness, (2) the witness is given an opportunity to explain or deny it, and (3) the witness has failed to admit having made the statement. Md. Rule 5-613(a) and (b). In criminal cases, however, there...

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