LOHSS AND SPRENKLE v. STATE

[No. 297, September Term, 1973.]

272 Md. 113 (1974)

321 A.2d 534

LOHSS AND SPRENKLE v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided June 27, 1974.


Attorney(s) appearing for the Case

Theodore G. Bloom, with whom were Albert J. Goodman and Goodman & Bloom on the brief, for Donald M. Sprenkle, Jr., one of appellants. Joseph H. Rouse, Assistant Public Defender, for Lawrence H. Lohss, other appellant.

James G. Klair, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


LEVINE, J., delivered the opinion of the Court. MURPHY, C.J., dissents and filed a dissenting opinion at page 120 infra.

The question presented in these two cases is whether the State has a right of appeal from the dismissal of indictments by the circuit court where the State acquiesced in one case and moved for dismissal in the other. The Court of Special Appeals held that it did in State v. Lohss and Sprenkle, 19 Md.App. 489

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