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STATE v. McKAY

No. 745, September Term, 1994.

103 Md. App. 298 (1995)

STATE OF MARYLAND v. ERIC LEVOSIER McKAY.

Court of Special Appeals of Maryland.

February 8, 1995.

Attorney(s) appearing for the Case

Celia Anderson Davis, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. on the brief), Baltimore, for appellant.

No brief or appearance by appellee's counsel.

Submitted before MOYLAN, WENNER and FISCHER, JJ.

WENNER, Judge.

The State, appealing from the dismissal of an eight count indictment by the Circuit Court for Prince George's County, asks:

Did the trial court exceed its authority in dismissing the indictment for lack of prosecution?

We shall answer, "Yes," and reverse the judgment of the circuit court.

FACTS

On 17 December 1993, a grand jury returned an eight-count indictment against appellee, Eric Levosier McKay. When the case...

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