State v. Bailey

Eldridge, J., concurs in the result.

In this case, we shall address the question this Court specifically reserved in Hayward v. State, 278 Md. 654, 366 A.2d 52 (1976) and Lohss and Sprenkle v. State, 272 Md. 113, 321 A.2d 534 (1974), i.e., whether the State may raise the propriety of a trial court’s suppression of evidence on appeal from the dismissal of an indictment pursuant to Maryland Code (1974, 1978 Cum. Supp.), § 12-302 (c) (1) of the Courts and Judicial Proceedings Article. We did not reach the question in Hayward because the trial court never ruled on the adequacy or validity of the…