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LYKINS v. STATE

[No. 111, September Term, 1979.]

288 Md. 71 (1980)

415 A.2d 1113

MITZI JEAN LYKINS v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided June 23, 1980.

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.

William H. Kenety, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Neal Myerberg, State's Attorney for St. Mary's County, on the brief, for appellee.

The cause was argued before SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

SMITH, J., delivered the opinion of the Court. COLE and DAVIDSON, JJ., concur in part and dissent in part. DAVIDSON, J., filed an opinion concurring in part and dissenting in part at page 87 infra, in which COLE, J., joins.

We shall here hold that there is a difference between the circumstances which bar a prosecution, requiring dismissal of an indictment, from those which only bar a prosecutor, although both may involve actions of the prosecutor. In the former...

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