Opinion
[No. 196, September Term, 1972.]
Decided September 12, 1972.
STATUTES — CONTINUANCE — New Procedure For Obtaining Continuances Effective July 1, 1971 Would Apply To Criminal Cases Pending As Of July 1, 1971 And Proper Procedure To Be Followed In Granting Of All Continuances And Postponements Would Be Those Consonant With Newly Enacted Statute. pp. 438-439
CRIMINAL LAW — CONTINUANCE — Speedy Trial — Procedure To Be Followed With Respect To Continuances And Postponements In Accordance With Code, Article 27, § 591 Is Directory And Not Mandatory Therefore Dismissal For Non-Compliance Alone Is Not Provided For — Non-Compliance With Sec. 591 Is A Single Factor To Be Considered With All Factors In Determining Whether A Defendant Has Been Denied His Right To A Speedy Trial. pp. 438-439
(See opinion 15 Md. App. 707 (1972).)
Certiorari to the Court of Special Appeals of Maryland.
Petition for writ of certiorari granted where the Court of Special Appeals affirmed the order of the lower court denying a motion to dismiss the indictment against Michael George Young for armed robbery.
Judgment affirmed, with costs.
The cause was submitted to BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ.
Submitted on petition by Thomas C. Hayden, Jr., for appellant.
This Court, having granted a writ of certiorari and in accordance with Maryland Rule 811 b having determined that no error of law appears in the decision, adopts the opinion of Judge Moylan for the Court of Special Appeals in Young v. State, 15 Md. App. 707 and affirms the judgment of the Court of Special Appeals.
Judgment affirmed, with costs.