Babbitt v. State

We shall herein address the issue of whether a judge has the authority to appoint a special assistant counsel for the State, at the State’s request, to initiate a prosecution by filing a criminal information.

The facts, particularly the procedural aspects of the criminal proceedings involved, are recounted as follows. Gerald Babbitt, Andrew J. Panholzer, and the New Century Corporation were indicted by the Grand Jury for Calvert County for common law forgery; forging and altering under Md. Code (1957,1976 Repl. Vol.), Art. 27, §§ 44 and 45; common law conspiracy to forge; common law conspiracy…