Stewart v. State

In this criminal cause we address the issue whether the indictment as returned by the grand jury here was void ab initio, so as to require that the petitioner’s conviction and sentence be set aside and that charging document dismissed.

The parties’ agreed statement of facts is short, and thus, with minor editing, may be set out in full.

Gregory B. Stewart, at the time seventeen years of age, was alleged to be delinquent in the Circuit Court for Cecil County on grounds of an attempted robbery with a deadly weapon. On May 19, 1977, the juvenile court waived jurisdiction, and Stewart appealed. On…