MIDDLETON v. STATE

No. 1488, September Term, 1987.

76 Md. App. 402 (1988)

545 A.2d 103

VINCENT C. MIDDLETON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Certiorari Granted October 26, 1988.


Attorney(s) appearing for the Case

Patrick D. Hanley, Assigned Public Defender, Towson (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Andrew L. Sonner, State's Atty. and John J. McCarthy, Asst. State's Atty. for Montgomery County on the brief, Rockville), for appellee.

Argued before BISHOP, GARRITY and ROBERT M. BELL, JJ.


GARRITY, Judge.

We shall examine the issue of whether the vacation of a guilty verdict as a predicate to an award of a new trial bars reconsideration, and ultimately reinstatement of the verdict, on the grounds of double jeopardy.

Factual Background

At 2:15 a.m. on July 9, 1986, the seventeen-year-old victim voluntarily accompanied Vincent C. Middleton (the appellant), after meeting him outside a bar, to his apartment located in Montgomery...

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