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SINCLAIR v. STATE

[No. 83, September Term, 1975.]

278 Md. 243 (1976)

363 A.2d 468

SINCLAIR v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 14, 1976.

Attorney(s) appearing for the Case

Paul H. Spiller, with whom were Morton Richard Kimmel and Kimmel, Spiller & Bradley and Fred S. London on the brief, for appellant.

Bernard A. Raum, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

DIGGES, J., delivered the opinion of the Court. SMITH, J., concurs in the result and filed a concurring opinion at page 261 infra.

We granted certiorari to consider whether a state's attorney, consistent with this State's public policy and the due process to which an accused in a criminal cause is constitutionally entitled, may initiate or participate in a prosecution when he has a conflicting private interest in a civil matter. Although it is of great importance...

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