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STATE v. MINSTER

No. 86, September Term, 1984.

302 Md. 240 (1985)

486 A.2d 1197

STATE OF MARYLAND v. LARRY EDMUND MINSTER.

Court of Appeals of Maryland.

January 24, 1985.

Attorney(s) appearing for the Case

Deborah K. Chasanow, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen. and Gertrude C. Bartel, Asst. Atty. Gen., Baltimore, on the brief and Arthur A. Marshall, Jr., State's Atty. and Robert H. Harvey, Jr., Asst. State's Atty., Upper Marlboro, for Prince George's County, on the brief), for appellant.

Gary S. Offutt, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), specially assigned.

COUCH, Judge.

The issue here is whether we should abrogate the common law rule of "a year and a day", which bars a prosecution for murder when the victim dies more than a year and a day after being injured. Inasmuch as we believe this issue is more appropriately addressed by the legislature, we shall not abrogate the common law rule. Accordingly, we affirm the trial court's dismissal of the indictment filed against the appellee, Larry Edmund Minster.

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