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STATE v. SIMMS

[No. 311, September Term, 1963.]

234 Md. 237 (1964)

198 A.2d 891

STATE v. SIMMS

Court of Appeals of Maryland.

Decided March 30, 1964.

Attorney(s) appearing for the Case

Mathias J. DeVito, Assistant Attorney General (on both arguments), with whom were Thomas B. Finan, Attorney General of Maryland, Marvin H. Anderson, State's Attorney for Anne Arundel County, and Leonard T. Kardy, State's Attorney for Montgomery County, on the brief, for the appellant.

Harper M. Smith and Kathryn E. Diggs (each on both arguments) for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and MARBURY, JJ., and reargued before the full Court.

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

This appeal by the State presents a single legal issue to be determined. Did the lower court commit reversible error in failing to grant, in a criminal case involving a capital offense, the State's first and only suggestion for a removal? The State contends that it did, and we agree. The right of the State to appeal is conceded by the appellee. See Heslop v. State, 202 Md. 123...

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