STATE v. MAYES

No. 1247, September Term, 1977.

39 Md. App. 635 (1978)

387 A.2d 794

STATE OF MARYLAND v. JAMES ISAAC MAYES, JACQUELYN (NMN) MAYES AND JOHN WHILEY GOODING.

Court of Special Appeals of Maryland.

Decided June 14, 1978.


Attorney(s) appearing for the Case

Stephen B. Caplis, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Robert C. Bonsib, Assistant State's Attorney for Prince George's County, on the brief, for appellant.

Fred Warren Bennett, with whom were Goldstein, Ahalt, Glassman & Bennett, Chartered on the brief, for appellees James Isaac Mayes and Jacquelyn (NMN) Mayes. Alan J. Goldstein, with whom were Horowitz, Oneglia, Goldstein, Foran & Parker, P.A. on the brief, for appellee John Whiley Gooding.

The cause was argued before LOWE, MELVIN and MACDANIEL, JJ.


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

How beguilingly simple the question posed by the State appears in its appeal from the dismissal of an indictment by the Circuit Court for Prince George's County:

"Was it error for the trial court to dismiss the indictments returned against the Appellees?"

Were it not necessary to raise, then exorcise, tangential procedural and constitutional spectres, our negative response to that question could be commensurately...

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