STATE v. BAILEY

[No. 4, September Term, 1980.]

289 Md. 143 (1980)

422 A.2d 1021

STATE OF MARYLAND v. LIONEL BAILEY, ERIC JAY BASS, MICHAEL GRODSKY BASS, HARRIET BRODER BRILL, MICHAEL GRANDUS, KERRY LYNN RICKER, BERNI LEE SIMON, A/K/A DAVID MICHAELS, STEVEN CRAIG SMITH AND DEAN GUST TRAKAS

Court of Appeals of Maryland.

Decided November 24, 1980.


Attorney(s) appearing for the Case

Thomas P. Barbera, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellant.

Alan J. Goldstein, with whom were Horowitz, Oneglia, Goldstein, Foran & Parker, P.A. on the brief for Michael Grodsky Bass and Bernie Lee Simon, etc.; Barry H. Helfand and Helfand, Stein, Sperling, Bennett & Dameron on the brief for Eric Jay Bass, Michael Grandus and Steven Craig Smith; William O. Lockwood and Quinn, Scanlin, Maiberger & Lockwood on the brief for Lionel Bailey; Marvin P. Sadur and Sadur & Pelland, Chartered, on the brief for Harriet Broder Brill; George E. Burns, Jr., Assistant Public Defender, on the brief for Kerry Lynn Ricker; Peter I.J. Davis and Shaffer & Davis on the brief for David Michaels, all appellees. Submitted on brief by Louis Fireison and Fireison & Olshonsky, P.A. for appellee Dean Gust Trakas.

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


COLE, J., delivered the opinion of the Court. ELDRIDGE, J., concurs in the result.

In this case, we shall address the question this Court specifically reserved in Hayward v. State, 278 Md. 654, 366 A.2d 52 (1976) and Lohss and Sprenkle v. State, 272 Md. 113, 321 A.2d 534 (1974), i.e., whether the State may raise the propriety...

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