Reed v. Maryland9/6/1978
types of scientific evidence would appear to be properly admissible when relevant under the general rule, without regard to "general acceptance."
The standard used by courts generally for the admission of evidence in such matters as fingerprints, ballistics,
intoxication tests, and X-rays is substantially different from that enunciated in Frye. It may be noted that in People v. Jennings, 252 Ill. 534, the first fingerprint case, the Illinois court employed a two-step analysis: (1) whether the prints were admissible, and (2) whether expert testimony thereon was appropriate. A similar analysis applied to the spectrogram might simplify the entire controversy. It is beyond dispute that the spectrogram is an accurate graphic representation of various components of a voice. It would follow, therefore, that the voiceprint itself clearly would be admissible in cases in which a comparison of voices is material. Further, this is an appropriate subject for expert commentary, the typical lay juror being unskilled in examining such "pictures" of voices. It would appear then that the spectrographic examiner should be allowed to express his opinion that there are enough similarities between the spectrograms for him to conclude that the voices were the same.
3. Holdings of this Court relative to scientific evidence and admission of expert testimony
The position of this Court relative to the admission of scientific evidence and the admission of expert testimony generally has been much closer to the view of Dean McCormick and the opinions of the courts in United States v. Baller, 519 F. 2d 463 (4th Cir.), cert. denied, 423 U.S. 1019 (1975); United States v. Franks, 511 F. 2d 25 (6th Cir.), cert. denied, 422 U.S. 1042 (1975); and State v. Williams, 388 A.2d 500 (Me. 1978), than to that in Frye. I shall discuss Baller, Franks, and Williams in part 4 of this opinion.
In Nizer v. Phelps, 252 Md. 185, 192-93, 249 A.2d 112 (1969), we observed that it is well established that it is in the sound discretion of the trial judge to determine whether or not a witness is competent to testify as an expert and "whether or
not the expert testimony will be of appreciable help to the jury . . . ." Similar statements by this Court abound. In Shivers v. Carnaggio, 223 Md. 585, 589, 165 A.2d 898 (1960), the Court, in an opinion by Judge Hammond, strongly supports the theory of Wigmore and McCormick as to when expert testimony will be admissible, "namely that the opinion should be rejected only when it is superfluous in the sense that it will be of no value to the jury." The Court there quoted from Williams v. Dawidowicz, 209 Md. 77, 87, 120 A.2d 399 (1956), where our predecessors said: "If the expert opinion is reasonably calculated to assist the jury, and not to confuse it, such testimony is admissible, in the sound discretion of the trial court . . . ." More recently, in Raithel v. State, 280 Md. 291, 301, 372 A.2d 1069 (1977), Judge Levine said for the Court, " he admissibility of expert testimony is a matter largely within the discretion of the trial court, and its action in admitting or excluding such testimony will seldom constitute a ground for reversal," citing cases. Putting it in a slightly different manner, in Newkirk v. State, 134 Md. 310, 318, 106 A. 694 (1919), Judge Burke for our predecessors quoted from Chateaugay Ore & Iron Company v. Blake, 144 U.S. 476, 484, 12 S. Ct. 731, 36 L. Ed. 510 (1892). The Supreme Court there said, "How much knowledge a witness must possess before a party is ent
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