CARTER v. STATE

No. 537, September Term, 1982. No. 538, September Term, 1982.

54 Md. App. 220 (1983)

458 A.2d 480

STEPHEN DONNELL CARTER v. STATE OF MARYLAND. CHARLES FRANKLIN TURNER A/K/A HUSS TURNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 8, 1983.


Attorney(s) appearing for the Case

Louis P. Willemin, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant Carter. Michael R. Malloy, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant Turner.

Carmina Szunyog, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Peter C. Cobb, State's Attorney for Harford County, Arthur F. Carven and Joseph Casilly, Assistant State's Attorneys for Harford County, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and LISS and BISHOP, JJ.


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

The question presented in these two appeals is whether the unavailability of judicial resources on the scheduled date of trial constitutes good cause for postponement under Article 27, section 591 of the Maryland Code and the corresponding Maryland Rule 746.

The two appellants contend that the charges against them should have been dismissed because their trials were not held in accordance with the time limitation...

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