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Ditto v. Stoneberger

8/28/2002

e not authenticated and should not have been admitted. We agree with appellant that the trial court erred. In her brief, appellant devotes only a part of one sentence to the issue of the prejudicial effect of that error, viz: "The records were improperly admitted and poisoned the defense of this case." (Emphasis added.) Appellant did not support the "poisoned" conclusion with any argument or explanation.


All the information concerning the amount of payments to Mary, Candi, and the deceased contained in the social security records subsequently came in during Patsy Hays's testimony, and was not objected to by appellant. Thus, the records were duplicative of evidence subsequently received. When inadmissible evidence is admitted over the objection of appellant and the same evidence is subsequently admitted without objection, the error is not considered prejudicial. S & S Building Corp. v. Fidelity Storage Corp., 270 Md. 184, 190 (1973); see also Jones v. State, 205 Md. 528, 534-35 (1954); Linkins v. State, 202 Md. 212, 214 (1953).


JUDGMENT AFFIRMED; COST TO BE PAID BY APPELLANT.






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