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STATE v. SAUL

[No. 335, September Term, 1969.]

258 Md. 100 (1970)

265 A.2d 178

STATE OF MARYLAND v. SAUL

Court of Appeals of Maryland.

Decided May 7, 1970.

Attorney(s) appearing for the Case

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

Howard E. Goldman, with whom were Barry Silber and Melbourne & Goldman on the brief, for appellee.

The cause was argued before McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ., and RIDGELY P. MELVIN, JR., Associate Judge of the Fifth Judicial Circuit, specially assigned.

McWILLIAMS, J., delivered the opinion of the Court. MELVIN, J., concurs in part and dissents in part. Opinion concurring in part and dissenting in part at page 108 infra.

In May 1968 the appellee (Saul) was convicted of murder, abduction and assault with intent to rape. The Court of Special Appeals, two judges dissenting, reversed the convictions and remanded the cases to the Circuit Court for Prince George's County for a new trial. Saul v. State,

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