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MURPHY v. YATES

[No. 68, September Term, 1975.]

276 Md. 475 (1975)

348 A.2d 837

MURPHY, CHIEF JUDGE OF THE COURT OF APPEALS OF MARYLAND, ET AL. v. YATES

Court of Appeals of Maryland.

Motion for reconsideration filed January 20, 1976.

Denied February 5, 1976.

Attorney(s) appearing for the Case

Francis B. Burch, Attorney General, and George A. Nilson, Assistant Attorney General, with whom were Henry R. Lord, Deputy Attorney General, and Robert A. Zarnoch, Assistant Attorney General, on the brief, for appellants.

J. Edward Davis and John J. Ghingher, III, with whom were Weinberg & Green on the brief, for appellee.

The cause was argued before SINGLEY, SMITH, LEVINE, ELDRIDGE and O'DONNELL, JJ, and ROBERT E. CLAPP, JR., Associate Judge of the Sixth Judicial Circuit and DAVID ROSS, Associate Judge of the Eighth Judicial Circuit, specially assigned.

SINGLEY, J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., dissent and LEVINE, J., filed a dissenting opinion in which ELDRIDGE, J., concurs at page 504 infra.

At its 1975 session, the General Assembly enacted what has come to be known as the State Prosecutor Act (the Act).1 The Act created the office of State Prosecutor, "an independent unit in the executive branch ... for administrative purposes only ... within...

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