Summary
In Boyd, detainers were filed by two Maryland counties with the custodial authority in Washington, D.C. The prosecutor in one of the counties filed an Article IV request for custody of the prisoner, tried him, and returned him to the District of Columbia.
Summary of this case from Laster v. StateOpinion
[No. 68, September Term, 1982.]
Decided July 27, 1982.
CRIMINAL LAW — Interstate Agreement On Detainers — Dismissal Requirement Of Detainer Act Did Not Apply To Instant Case As Indictment Was Not One Contemplated By § 616 E (e) — Maryland Code, Article 27, § 616 E (Article IV Of The Interstate Agreement On Detainers).
Certiorari to the Court of Special Appeals. (Circuit Court for Montgomery County, Latham, J.).
Judgment of the Court of Special Appeals affirmed. Costs to be paid by the petitioner.
The cause was submitted to MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.
The petition for writ of certiorari filed in this case by Harvey Franklin Boyd presented the following question: "Did the Court of Special Appeals err in holding that the dismissal requirement of Article 27, § 616 E (Article IV of the Interstate Agreement on Detainers) did not apply to the instant case because the instant indictment was not one contemplated by § 616 E (e)?"
The petition having been granted, the judgment of the Court of Special Appeals in Boyd v. State, 51 Md. App. 197, 441 A.2d 1133 (1982) is affirmed for the reasons set forth in the opinion of that Court.
Judgment of the Court of Special Appeals affirmed.
Costs to be paid by the petitioner.