SWEETWINE v. STATE

No. 753, September Term, 1978.

42 Md. App. 1 (1979)

398 A.2d 1262

TIMOTHY SWEETWINE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 13, 1979.


Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Stephen H. Sachs, Attorney General, with whom were Diane G. Goldsmith, Assistant Attorney General, William A. Swisher, State's Attorney for Baltimore City, and H. Gary Bass, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, COUCH and MACDANIEL, JJ.


MOYLAN, J., delivered the opinion of the Court.

May a defendant strike a bargain with the State, repudiate that bargain so far as his obligations under it are concerned and yet retain all of the advantages he ostensibly bargained for? The answer is an immediate and absolute, "No." Bargaining in bad faith will not be countenanced, let alone rewarded, on either side of the trial table. Appropriate are the words of Cardozo, "Justice, though due to the accused, is due...

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