COVINGTON v. STATE

No. 352, September Term, 1976.

34 Md. App. 454 (1977)

367 A.2d 974

QUENZILL COVINGTON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 13, 1977.


Attorney(s) appearing for the Case

Argued by Bradford C. Peabody, Assigned Public Defender, with whom were Alan H. Murrell, Public Defender, and Geraldine Kenney Sweeney, Assistant Public Defender, on the brief, for appellant. Reargued by Bradford C. Peabody and Arnold M. Zerwitz, Assistant Public Defenders, for appellant.

Argued and reargued by Bernard A. Raum, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Howard Grossfeld, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before THOMPSON, POWERS and LOWE, JJ., and reargued before GILBERT, C.J., and MORTON, THOMPSON, MOYLAN, POWERS, MENCHINE, DAVIDSON, MOORE, LOWE, MELVIN, MASON and LISS, JJ.


GILBERT, C.J., delivered the opinion of the Court. MENCHINE, J., filed a concurring opinion in which MASON, J., joins at page 466 infra.

The plea of not guilty, accompanied by an "Agreed Statement of Facts", is a peculiar animal. As was succinctly stated in Barnes v. State, 31 Md.App. 25, 35, 354 A.2d 499, 505 (1976).

"Under an agreed statement of facts both State and the...

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