STEWART v. STATE

[No. 91, September Term, 1979.]

287 Md. 524 (1980)

413 A.2d 1337

GREGORY BERNARD STEWART v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided May 6, 1980.


Attorney(s) appearing for the Case

Martha Weisheit, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

William H. Kenety, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

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


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

In this criminal cause we address the issue whether the indictment as returned by the grand jury here was void ab initio, so as to require that the petitioner's conviction and sentence be set aside and that charging document dismissed.

The parties' agreed statement of facts is short, and thus, with minor editing, may be set out in full.

Gregory B. Stewart, at the time seventeen years of age, was alleged...

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