STATE v. DESPERTT

No. 560, September Term, 1987.

73 Md. App. 620 (1988)

535 A.2d 963

STATE OF MARYLAND v. JAMES ANTHONY DESPERTT.

Court of Special Appeals of Maryland.

January 14, 1988.


Attorney(s) appearing for the Case

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Andrew L. Sonner, State's Atty. for Montgomery County and Constance Junghans, Asst. State's Atty. for Montgomery County on the brief, Rockville, for appellant.

Robert J. Pleshaw, Washington, D.C., for appellee.

Submitted before GILBERT, C.J., and BISHOP and WENNER, JJ.


GILBERT, Chief Judge.

Paraphrasing Gertrude Stein,1 "An acquittal is an acquittal is an acquittal is an acquittal" which, if reprosecuted, constitutes double jeopardy, double jeopardy, double jeopardy, double jeopardy.

James A. Despertt was indicted by the grand jury for Montgomery County for the offenses of 1) daytime housebreaking, 2) theft, and 3) conspiracy to commit daytime housebreaking. Despertt opted for a non-jury trial...

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