Bailey v. State

We granted certiorari to decide if the Court of Special Appeals had erred in approving the admission of evidence of a prior conviction of a witness for the accused in violation of the mandate of the final sentence of Code (1957, 1971 Repl. Vol.), Art. 35, § 10 (enacted by Ch. 259 of the Laws of 1969, effective July 1, 1969), which reads: “No conviction may be used for any purpose under this section when the conviction is being appealed or the time for noting an appeal has not expired.” After full consideration of the briefs and oral argument, we are persuaded that it did.

Clifton Edward…