WEST v. STATE

No. 1555, September Term, 1981.

52 Md. App. 624 (1982)

451 A.2d 1228

JOHN HENRY WEST, III v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 3, 1982.


Attorney(s) appearing for the Case

Paul J. Reinstein for appellant.

Philip M. Andrews, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and William Hale, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before MOYLAN and MOORE, JJ., and MORRIS W. TURK, Associate Judge of the Fifth Judicial Circuit, specially assigned.


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

We are here called upon to explore a secluded but exotic corner of the double jeopardy garden — prosecutorial and judicial overreaching. In life, it is seldom seen except as an imagined possibility in the most painstakingly thorough of footnotes. As a contention, however, it is in luxuriant vogue and is being resorted to promiscuously. The antidote for the spell of the lotus blossoms is the sobering question,...

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