STATE v. McCRAY

[No. 45, September Term, 1972.]

267 Md. 111 (1972)

297 A.2d 265

STATE OF MARYLAND ET AL. v. McCRAY ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed December 29, 1972.

Denied January 19, 1973.


Attorney(s) appearing for the Case

Henry R. Lord, Deputy Attorney General and Donald R. Stutman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Josef E. Rosenblatt, Emory A. Plitt, Jr., and Harry A.E. Taylor, Assistant Attorneys General, on the brief, for appellants.

Julian Tepper and W. Anthony Fitch for appellees.

Amicus Curiae brief filed by Baltimore Legal Aid Bureau, Inc., Prisoner Assistance Project, Charles F. Morgan and Michael A. Millemann on the brief.

The cause was argued before BARNES, McWILLIAMS, SINGLEY and DIGGES, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Special Appeals (now Chief Judge of the Court of Special Appeals), W. ALBERT MENCHINE, Associate Judge of the Third Judicial Circuit (now Associate Judge of the Court of Special Appeals) and JAMES L. WRAY, Associate Judge of the Fifth Judicial Circuit, specially assigned.


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

Almost 2000 years ago Juvenal asked: "Sed quis custodiet ipsos custodes?"1 Who will watch the keepers themselves is still a question of critical importance, and the need of a proper solution is never more acute than when the rights of the individual are involved. A declared purpose of the federal constitution is to "secure the Blessings of Liberty" to the people and their posterity,

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