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STATE v. TOELLE

No. 583, September Term, 1969.

10 Md. App. 292 (1970)

269 A.2d 628

STATE OF MARYLAND v. WARREN TOELLE.

Court of Special Appeals of Maryland.

Decided October 7, 1970.

Attorney(s) appearing for the Case

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, John J. Garrity, Assistant Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Joseph Kiel, Assistant State's Attorney for Baltimore City, on the brief, for appellant.

Robert V. Lazzaro for appellee.

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

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

The question on this appeal is whether Warren Toelle is exempt from prosecution, trial and punishment under the provisions of Md. Code, Art. 27, §§ 39, 262 and 371 as to those offenses for which he came to trial in the Criminal Court of Baltimore on 17 December 1969. The lower court found that he was exempt and, on his motion, dismissed, as to him, the five indictments called for trial. We find that he was not...

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