McCORKLE v. STATE

No. 666, September Term, 1992.

95 Md. App. 31 (1993)

619 A.2d 186

GREGORY ALLEN McCORKLE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Reconsideration Granted in Part February 23, 1993.

Opinion Corrected February 24, 1993.


Attorney(s) appearing for the Case

Patrick J. Hoover, Rockville, for appellant.

Sarah E. Page, Asst. Atty. Gen., Baltimore (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Andrew L. Sonner, State's Atty. for Montgomery County, Rockville, on the brief), for appellee.

Argued before MOYLAN, ALPERT and FISCHER, JJ.


ALPERT, Judge.

In the fourth year of President James Monroe's second term (1824), Supreme Court Justice Story declared the polestar of mistrial/double jeopardy cases: the "manifest necessity" rule.

The issue in this case is whether the trial court correctly declared a mistrial based on the unexpected absence of the key prosecution witness. In contending that the mistrial was declared improperly, appellant Gregory Allen McCorkle has asked us to address the...

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