McMorris v. State

I concur in the result reached by the majority which affirms the judgment. Although I do not believe that the question of limitations was properly before the Court of Special Appeals, nor is it here properly before us, notwithstanding the scope of our writ of certiorari, I nonetheless agree with the views expressed by my brethren concerning the tolling of the statute of limitations, as it related to the first count of the indictment — but that count was effectively dismissed in the trial court, when it was withdrawn from consideration by the jury. As I see it, the Court of Special Appeals…