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Reed v. Maryland9/6/1978
tive value than the soundness of his reasons given therefor will warrant. Cf. State, etc. v. Critzer, 230 Md. 286." Accord, Surkovich v. Doub, 258 Md. 263, 272, 265 A.2d 447 (1970); and Creswell v. Baltimore Aviation, 257 Md. 712, 721, 264 A.2d 838 (1970).
From this review of Maryland cases it will be seen that this Court has not followed anything similar to a Frye standard. Our holdings are in line with the cases I have reviewed from other states in part 2 of this opinion.
4. Holdings of other courts relative to voice identification and spectrographic analysis
In each instance where an appellate court has rejected spectrographic analysis of voices, it has been upon the basis of Frye. See United States v. McDaniel, 538 F. 2d 408 (D. C. Cir. 1976); United States v. Addison, 162 U.S. App. D. C. 199, 498 F. 2d 741 (1974); People v. Kelly, 17 Cal. 3d 24, 130 Cal. Rptr. 144, 549 P. 2d 1240 (1976); People v. Tobey, 401 Mich. 141, 257 N.W.2d 537 (1977); State v. Cary, 49 N. J. 343, 230 A.2d 384 (1967); and Commonwealth v. Topa, 471 Pa. 223, 369 A.2d 1277 (1977). Actually, McDaniel was decided not on
the basis of Frye, but on the basis of Addison. The trial court's action in permitting expert spectrographic voice identification testimony was found to be harmless error. I find it of interest that the McDaniel court said:
"Unfortunately, however, the overwhelming weight of judicial precedent upon which the trial judge relied has evolved outside this judicial circuit. Appellant predictably relies on United States v. Addison, 162 U. S. App. D. C. 199, 498 F. 2d 741 (1974), in which a division of this court recently held that 'techniques of speaker identification by spectrogram comparison have not attained the general acceptance of the scientific community to the degree required in this jurisdiction by Frye [ v. United States, 54 U.S. App. D.C. 46, 293 F. 1013 (1923)].' Id. at 745. Admittedly, Addison was decided almost two years ago, at a time when the new technique may have been less widely accepted than today. Since Addison, numerous other courts have examined the question of whether so-called voiceprints are sufficiently reliable to justify their admissibility, and all but a few have concluded that they are. It may well be that the time has come to reexamine the holding of Addison in light of the apparently increased reliability and general acceptance in the scientific community of using
spectrographic analysis techniques for voice identification purposes." 538 F. 2d at 412-13.
"Because Addison was so recently decided, its shadow looms over our consideration of this issue. The reliability of spectrographic voice identification and its general acceptability within the scientific community may have changed so dramatically in the past two years that we may explain that earlier opinion as a reflection of the then primitive state of spectrographic voice identification. Absent a clear showing that this is so, however, or en banc reconsideration of Addison, we are bound by the prior opinion, and spectrographic voice identification evidence remains inadmissible in this circuit at this time." Id. at 413.
The Supreme Court of New Jersey returned to the area in State v. Andretta, 61 N. J. 544, 296 A.2d 644 (1972). Cary, 49 N. J. 343, and Andretta were written by the same judge. The court said in its later opinion:
"Certainly the voiceprint method today has much more support for its admissibility as evidence than at the time of Cary. Dr. Tosi's study increases the knowledge we have of this method's reliability
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