Montgomery v. State

Smith and Digges, JJ., concur in part and dissent in part. Smith, J., filed an opinion at page 164 infra, concurring in part and dissenting in part, in which Digges, J., concurs.

This case presents the question whether, under Maryland Code (1957, 1976 Repl. Vol., 1981 Cum. Supp.), Art. 27, § 640, a defendant convicted of a crime where property has been taken or damaged can, without his consent, be ordered to make restitution, not only to the owner of the property, *157but also to a third party payor such as the owner’s insurer, a private insurance company.

On 25 June 1979, in the Circuit Court for…