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DEAN v. STATE

No. 117, September Term, 1984.

302 Md. 493 (1985)

489 A.2d 22

MORRIS LORENZO DEAN v. STATE OF MARYLAND.

Court of Appeals of Maryland.

March 8, 1985.

Attorney(s) appearing for the Case

Carol Garfiel Freeman, Asst. Public Defender, District 6, Rockville (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Jillyn K. Schulze, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE and RODOWSKY, JJ., CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired) and THEODORE G. BLOOM, Associate Judge of the Court of Special Appeals, Specially Assigned.

SMITH, Judge.

We shall here hold that, because an appeal to a court in banc under Md. Const. art. IV, § 22 from an order granting a motion for new trial was not from a final judgment, the Circuit Court for Montgomery County did not have jurisdiction to vacate that order.

A Montgomery County jury convicted appellant Morris L. Dean of first degree rape, second degree rape, assault with intent to rape, and battery. The trial judge (Frosh, J.) granted Dean...

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