SMITH v. STATE

No. 173, September Term, 1970.

11 Md. App. 631 (1971)

276 A.2d 228

WILLIAM RANDOLPH SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 23, 1971.


Attorney(s) appearing for the Case

Frank P. Flury for appellant.

Francis X. Pugh, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Vincent J. Femia, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before ORTH, MOYLAN, and POWERS, JJ.


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

On April 9, 1970, William Randolph Smith was indicted in Prince George's County in a nine count indictment charging the commission of burglary, robbery, larceny and other crimes on July 28, 1965 at a residence on Anne Street in Takoma Park.

He promptly filed a motion to dismiss the indictment, asserting that the delay in indictment prejudiced him and deprived him of his right to due process of law under the Fifth...

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