3 Md. L. Rev. 271 (1938-1939)
Requirement of Delivery in Gifts of Personalty - Schenker v. Moodhe

handle is hein.journals/mllr3 and id is 277 raw text is: 



SCHENKER v. MOODHE


   Doubtless the same attitude which underlies the Fourth
and Fifth Amendments to the Federal Constitution led to
the enactment of the Maryland statute known as the Bouse
Act.23 This provides:
       No evidence in the trial of misdemeanors shall be
    deemed admissible when the same shall have been pro-
    cured by, through, or in consequence of any illegal
    search or seizure, or of any search and seizure pro-
    hibited by the Declaration of Rights of this State; nor
    shall any evidence in such cases be admissible if pro-
    cured by, through or in consequence of a search and
    seizure, the effect of the admission of which would be
    to compel one to give evidence against himself in a
    criminal case.
    While, therefore, before the passage of the above act,
evidence obtained or secured by virtue of an illegal search,
with or without warrant, otherwise admissible, was per-
mitted in this state, it follows that since the passage of
the act, such evidence in cases of misdemeanor is no longer
admissible. In the instant case the Court of Appeals stated
that the evidence procured is not inadmissible under the
statute for the obvious reason that the statute makes. no
reference to the interception of wire communications.24


     REQUIREMENT OF DELIVERY IN GIFTS
                  OF PERSONALTY
                  Schenker v. Moodhel
   Plaintiff-appellee brought this bill in equity against the
administrator of the estate of one Coleman, to compel the
surrender of property alleged to have been given her by the
decedent. Plaintiff had assisted the decedent on several
occasions before his last illness, and the decedent had ex-
pressed an intention to reward her. When the decedent
realized that death was imminent, he told the plaintiff that
he had purchased a cemetery lot and that she would find a
  23 Md. Code Supp., Art. 35, Sec. 4 A.
  21 For a treatment of the Bouse Act generally, see Note, Admi8sibility
of Evidence Obtained by Unlawful Search and Seizure (1938) 2 Md. L.
Rev. 147.
  1 200 A. 727 (Md. 1938). For the same litigation, on a separate bill of
complaint and appeal, see Moodhe v. Schenker, 4 A. (2nd) 453 (Md. 1939).


1939]

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