Food Fair Stores, Inc. v. Joy

*220 Cole, J.,

dissenting

I do not agree with the majority’s answers to the two questions certified to this Court by the United States District Court for the District of Maryland. I, therefore, respectfully dissent.

I

The majority concedes that as a general rule agreements that stifle criminal prosecutions are void as against public policy because they tend to pervert the administration of justice. See Schirm v. Wieman, 103 Md. 541, 63 A. 1056, 5 L.R.A. (N.S.) 175 (1906) and Wildey v. Collier, 7 Md. 273, 61 Am. Dec. 346 (1854). However, the majority holds that on the facts of this case an exception…