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NEAL v. STATE

No. 407, September Term, 1973.

20 Md. App. 20 (1974)

314 A.2d 710

DARLENE A. NEAL v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 11, 1974.

Attorney(s) appearing for the Case

Murray L. Deutchman for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Frank Santoro, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before ORTH, C.J., and MORTON and THOMPSON, JJ.

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

This case provides an opportunity to re-examine some aspects of appellate review in criminal causes. Specifically, we shall look again at the position taken with regard to the right of an accused to an immediate appeal from a pre-trial refusal of the trial court to dismiss the indictment1 under which he is charged.

I

The right of the State to appeal in a criminal case is...

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