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STATE v. MATHER

No. 470, September Term, 1968.

7 Md. App. 549 (1969)

256 A.2d 532

STATE OF MARYLAND v. LEONARD JOSEPH MATHER.

Court of Special Appeals of Maryland.

Decided August 13, 1969.

Attorney(s) appearing for the Case

John J. Garrity, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Joseph C. Sauerwein, Assistant State's Attorney for Prince George's County, on the brief, for appellant.

Albert J. Ahern, Jr., with whom was William R. Scannell on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

MURPHY, C.J., delivered the majority opinion of the Court. ORTH, J., concurs. Concurring opinion by ORTH, J., at page 555 infra.

The question here to be decided is whether the State has the right to appeal to this court from the granting of the defendant's pretrial motion to suppress evidence alleged by him to have been obtained as a result of an unlawful search and seizure.

Appellee Mather was charged in Prince George's County with unlawfully having...

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