Lohss and Sprenkle v. State

Murphy, C. J., dissents and filed a dissenting opinion at page 120 infra.

The question presented in these two cases is whether the State has a right of appeal from the dismissal of indictments by the circuit court where the State acquiesced in one case and moved for dismissal in the other. The Court of Special Appeals held that it did in State v. Lohss and Sprenkle, 19 Md. App. 489, 313 A. 2d 87 (1973), and also decided that the trial court had erred in granting motions to suppress certain key evidence which led directly to the dismissals. We granted appellants’ petitions for writs of…