Neal v. State

This case provides an opportunity to re-examine some aspects of appellate review in criminal causes. Specifically, we shall look again at the position taken with regard to the right of an accused to an immediate appeal from a pre-trial refusal of the trial court to dismiss the indictment 1 under which he is charged.

I

The right of the State to appeal in a criminal case is severely limited by statute 2 and by constitutional guarantees to the accused. 3 The right of an accused to appeal is much broader. The general rule is that he may appeal from a final judgment. 4 Courts Art. § 12-301. 5 The…