Legal Opinion

Covington v. State

Court of Special Appeals of Maryland

Decided January 13, 1977No. 352, September Term, 1976PublishedCited by 17 opinions

1Opinion of the CourtGilbert, C. J.

Menchine, J., filed a concurring opinion in which Mason, J., joins at page 466 infra.

The plea of not guilty, accompanied by an “Agreed Statement of Facts”, is a peculiar animal. As was succinctly stated in Barnes v. State, 31 Md. App. 25, 35, 354 A. 2d 499, 505 (1976),

“Under an agreed statement of facts both State and the defense agree as to the ultimate facts. Then the facts are not in dispute, and there can be, by definition, no factual conflict. The trier of fact is not called upon to determine the facts as the agreement is to the truth of the ultimate facts themselves. There is no…

2Cases cited16 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Herring v. New YorkSupreme Court of the United States · 1975
  4. Brookhart v. JanisSupreme Court of the United States · 1966
  5. Yopps v. StateCourt of Appeals of Maryland · 1962

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Covington v. StateCourt of Appeals of Maryland · 1978
  2. Kohr v. StateCourt of Special Appeals of Maryland · 1978
  3. Cherry v. StateCourt of Appeals of Maryland · 1986
  4. Ingersoll v. StateCourt of Special Appeals of Maryland · 1986
  5. Jackson v. StateCourt of Special Appeals of Maryland · 1985

12 more not listed; retrieve them via the Exa API.

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