AUSTIN v. DIRECTOR OF PATUXENT INSTITUTION

[No. 441, September Term, 1966.]

245 Md. 206 (1967)

225 A.2d 466

AUSTIN v. DIRECTOR OF PATUXENT INSTITUTION

Court of Appeals of Maryland.

Decided January 16, 1967.


Attorney(s) appearing for the Case

Thomas F. Comber, 3rd for appellant.

Alfred J. O'Ferrall, III, Assistant Attorney General, with whom were Robert C. Murphy, Attorney General, and Walter M. Baker, State's Attorney for Cecil County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, BARNES and McWILLIAMS, JJ.


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

The question presented by this appeal — whether or not the lower court had power and authority to grant a new trial at the request of the State after the jury had found and determined that the defendant was not a defective delinquent — is one of first impression.

At a trial on January 7, 1964, in the Circuit Court for Cecil County (Keating, J.) sitting without a jury, on charges of assault with...

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