IRVIN v. STATE

[No. 8, September Term, 1975.]

276 Md. 168 (1975)

344 A.2d 418

IRVIN v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided October 7, 1975.


Attorney(s) appearing for the Case

William F. Mosner for appellant.

Gary Melick, 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 SINGLEY, SMITH, DIGGES, LEVINE and O'DONNELL, JJ.


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

This case raises the question whether the State, in a criminal case, may enter a nolle prosequi as to the remaining counts of one indictment, appeal from an order dismissing two other indictments, and while the appeal is pending, reindict the defendant on virtually the same charges, and proceed to trial.

Louis William Irvin was originally charged under three indictments with false pretense, bribery, extortion...

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