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STATE v. KENNERLY

[No. 129, October Term, 1953.]

204 Md. 412 (1954)

104 A.2d 632

STATE v. KENNERLY ET AL. (Three Appeals in One Record)

Court of Appeals of Maryland.

Decided April 30, 1954.

Attorney(s) appearing for the Case

Noah A. Hillman, Special Assistant Attorney General, with whom were Edward D.E. Rollins, Attorney General, and Hamilton P. Fox, Jr., State's Attorney for Wicomico County, on the brief, for the appellant.

John B. Robins and John W.T. Webb, with whom were William W. Travers and Stanley G. Robins on the brief, for the appellees.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

HENDERSON, J., delivered the opinion of the Court.

Indictments were found on August 25, 1953, against each of these appellees for failing to set aside and turn over to the State on August 21, 1953, certain oyster shells as required by Code (1951), Article 66C, Section 658(a). The appeal by the State in the three cases, consolidated as one, is from the granting of motions to quash the indictments. The State's right to appeal is conceded. Cf. State v. James,...

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