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STATE v. ONE 1967 FORD MUSTANG

[No. 12 (Adv.), September Term, 1972.]

266 Md. 275 (1972)

292 A.2d 64

STATE OF MARYLAND v. ONE 1967 FORD MUSTANG

Court of Appeals of Maryland.

Decided July 3, 1972.

Attorney(s) appearing for the Case

Gary Melick, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and H. Edgar Lentz, Assistant Attorney General, on the brief, for appellant.

No brief filed on behalf of appellee.

The cause was argued before BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ., and RALPH W. POWERS, Chief Judge of the Seventh Judicial Circuit, specially assigned.

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

This appeal by the State of Maryland is from an order of the Circuit Court for Cecil County directing the State Police to return to its owner a motor vehicle that had been seized for forfeiture. The State contends that the court did not have the discretionary power to order the vehicle's return but, rather, was required to forfeit the automobile. In issuing the order, Judge Mackey observed, "If discretion is part of...

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