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STEWART v. STATE

[No. 78, September Term, 1977.]

282 Md. 557 (1978)

386 A.2d 1206

GREGORY VICTOR STEWART v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided May 22, 1978.

Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Gilbert H. Robinette, 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 SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

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

This case presents the issue whether a defendant in a criminal prosecution by the State of Maryland may appeal, before trial, a circuit court's order denying his motion to dismiss the indictment because of an alleged violation of his right to a speedy trial guaranteed by the Sixth Amendment to the Constitution of the United States1 and by Article 21

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