Summary
In Edwards v. State, 16 Md. App. 255, we held that an order denying a motion to quash charges was interlocutory and the appeal was premature where the only ground was failure of the State to comply with provisions of the Interstate Detainer Act.
Summary of this case from Neal v. StateOpinion
No. 105, September Term, 1972.
Decided October 24, 1972.
APPEAL — CRIMINAL LAW — Order Denying "Motion To Quash Pending Charges" Was Interlocutory Order And Appeal Therefore Was Premature Where The Only Ground Alleged Was Failure Of State To Comply With Provisions Of Interstate Detainer Act, A Statutory Right To Be Tried Within A Specified Time, As Distinguished From The Constitutional Right To A Speedy Trial. pp. 255-256
Appeal from the Circuit Court for Prince George's County (POWERS, C.J.).
"Motion To Quash Pending Charges" filed by James Martin Edwards and Thomas Glenn Conner. From the denial of the motion, they appeal.
Appeal dismissed.
The cause was argued before MORTON, ORTH and GILBERT, JJ.
Charles J. Sullivan, Jr., for appellants.
Harry A.E. Taylor, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Arthur A. Marshall, State's Attorney for Prince George's County, on the brief, for appellee.
James Martin Edwards and Thomas Glenn Conner, appellants, appeal from the denial by Judge Ralph W. Powers of their "Motion To Quash Pending Charges", in the Circuit Court for Prince George's County.
We shall dismiss the appeal on the ground that it is an interlocutory order and the appeal has been prematurely taken. Rule 1087.
We glean from the record that the only question presented to Judge Powers on the "Motion To Quash" was the alleged failure of the State to comply with the provisions of the Interstate Detainer Act, codified as Md. Ann. Code, art. 27, §§ 616A-R. Appellants' attack was, therefore, made upon the statutory right to be tried within a specified time as distinguished from the constitutional right to a speedy trial. Sixth Amendment, Constitution of the United States; Art. 21, Maryland Declaration of Rights. Of course, an order denying a motion grounded on the constitutional right to a speedy trial is immediately appealable. Raimondi v. State, 8 Md. App. 468, 261 A.2d 40 (1970); King v. State, 5 Md. App. 652, 249 A.2d 468 (1969). An appeal from a denial of the statutory right to be tried within the specified time under Art. 27, § 616A-R must await final judgment. Rule 1087; Md. Ann. Code Art. 5, § 1.
Appeal dismissed.