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STATE v. GORWELL

No. 21, September Term, 1994.

339 Md. 203 (1995)

STATE OF MARYLAND v. EDWARD T. GORWELL.

Court of Appeals of Maryland.

July 19, 1995.

Attorney(s) appearing for the Case

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for appellant.

Henry L. Belsky (Schlachman, Belsky & Weiner, P.A., on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, CHASANOW, BELL and RAKER, JJ., and JOHN F. McAULIFFE, J. (Retired), Specially Assigned.

JOHN F. McAULIFFE, Judge, Specially Assigned.

During deliberation of the jury in this criminal case, the trial judge dismissed one of the jurors at the insistence of the defendant and then declared a mistrial when the State refused to proceed with eleven jurors. Thereafter, the defendant filed a motion to dismiss, contending that the trial should have continued with eleven jurors notwithstanding the objection of the State; that as a result there was no manifest necessity...

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