BUTLER v. STATE

No. 618, September Term, 1991.

91 Md. App. 515 (1992)

MICHAEL BUTLER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

April 29, 1992.


Attorney(s) appearing for the Case

Mark Colvin, Asst. Public Defender, argued (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant.

Cathleen C. Brockmeyer, Asst. Atty. Gen., Baltimore, argued (J. Joseph Curran, Jr., Atty. Gen., Baltimore and William R. Hymes, State's Atty. for Howard County, Ellicott City, on the brief), for appellee.

Argued before MOYLAN, GARRITY and ALPERT, JJ.


MOYLAN, Judge.

The indispensable key to understanding the law of double jeopardy is to understand that there is no law of double jeopardy. This is not to say, however, that there are not many laws of double jeopardy. Double jeopardy, though it once was, is no longer a single species of legal doctrine. It is, now at least, an entire category; a genus embracing within its ever-widening folds no less than five distinct species: 1) former acquittal, 2) former conviction...

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