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HAYWARD v. STATE

[No. 25, September Term, 1976.]

278 Md. 654 (1976)

366 A.2d 52

DOUGLAS JAMES HAYWARD AND VIVIAN KIM HAYWARD v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided December 6, 1976.

Attorney(s) appearing for the Case

Howard L. Cardin, Assigned Public Defender, for appellants.

Deborah K. Handel, 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 and ELDRIDGE, JJ.

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

We granted certiorari in this case to consider the question expressly left open in Lohss and Sprenkle v. State, 272 Md. 113, 321 A.2d 534 (1974), whether the State may appeal from the dismissal of an indictment entered without its consent where the sole basis for dismissal was the suppression of certain...

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