(DOWNLOAD) "Goen v. Sansbury" by Court Of Appeals Of Maryland " Book PDF Kindle ePub Free
eBook details
- Title: Goen v. Sansbury
- Author : Court Of Appeals Of Maryland
- Release Date : January 17, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The appellants were indicted on 14 October 1964, tried in the Criminal Court of Baltimore on 25 November 1964, convicted by the court without a jury of robbery with a deadly weapon and each sentenced to imprisonment for a term of 20 years. Each noted a timely appeal. On 12 January 1966 the Court of Appeals remanded the cases for further proceedings under the decision in Schowgurow v. State, 240 Md. 121 and its related decisions. On 10 March 1966 each elected to have the indictment against him dismissed. They remained in custody, incarcerated in a penal institution of this State under other convictions, Marion Montgomery serving a sentence of 10 years imposed 18 August 1965 and Gary Montgomery serving a sentence of 5 years imposed 28 June 1965. Each appellant was presented and reindicted on 22 March 1967. The record shows that the capias issued upon presentment was not executed but noted "In Jail" and indicates also that a detainer was filed against each on 28 March 1967. On the day the appellants were reindicted each swore to a motion in proper person captioned "My Special Motion to Nol Prosse", and apparently the motions were mailed on that date to the Chief Judge of the Supreme Bench of Baltimore City. They were referred to Judge J. Harold Grady who transmitted them to the Clerk of the Criminal Court of Baltimore, characterizing them as motions "in the nature of Motions for a Speedy Trial" and directing that they be filed and docketed. The docket entries show them as "Motion for a Speedy Trial filed in proper person" on 29 March 1967. Judge Grady sent a copy of his letter transmitting the motions to the Clerk of the Criminal Court to each appellant and apparently in answer to the construction placed on them by Judge Grady, each appellant swore to an identical