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JOURDAN v. STATE

[No. 187, September Term, 1974.]

275 Md. 495 (1975)

341 A.2d 388

JOURDAN v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided July 9, 1975.

Attorney(s) appearing for the Case

Barry J. Renbaum, with whom was Alfred J. O'Ferrall, III, Deputy Public Defender, on the brief, for appellant.

David B. Allen, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Clarence W. Sharp, Assistant Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and David K. Rumsey, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

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

ELDRIDGE, J., delivered the opinion of the Court. SMITH, J., dissents and filed a dissenting opinion at page 512 infra.

In the course of petitioner's trial on charges of storehouse breaking and forgery, the prosecuting attorney became ill and could not carry on. Shortly thereafter, another attorney in the State's Attorney's office appeared and requested a continuance or, if the defendant would consent, a mistrial. The trial judge, sua sponte, declared...

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