Harris v. State

MOYLAN, Judge.

This appeal provides the opportunity to take the thoroughly analyzed and well considered dicta of Chief Judge Murphy (now Chief Judge of the Court of Appeals) in Regle v. State, 9 Md.App. 346, 264 A.2d 119 (1970), and to elevate it (part of it, at any rate) to the status of a square holding. That dicta and this holding concern the effect of a nolle pros of a conspiracy charge against one co-conspirator upon the trial of the only remaining co-conspirator.

In most general terms, the issue is: What action, if any, taken in some other place may so eradicate the criminal mens rea of a…