Irvin v. State

This case raises the question whether the State, in a criminal case, may enter a nolle prosequi as to the remaining counts of one indictment, appeal from an order dismissing two other indictments, and while the appeal is pending, reindict the defendant on virtually the same charges, and proceed to trial.

Louis William Irvin was originally charged under three indictments with false pretense, bribery, extortion, misconduct in office, obstruction of justice and conspiracy to commit the substantive offenses charged. The Circuit Court for Baltimore County dismissed two of the indictments in their…