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State v. Glaser10/5/1992
163 U.S. 662, 672 (1896)), the District Court stated: "a defendant [whose conviction is set aside] . . . may be tried anew upon the same indictment, or upon another indictment, for the same offense of which he had been convicted." "A reversal sets aside the judgment, but allows the indictment to stand." Spriggs v. United States, 225 F.2d 865, 868 (9th Cir. 1955), cert. denied, 350 U.S. 954 (1956) (footnote omitted).
We hold that, unless a reversal is based upon an insufficiency of the evidence or other basis prohibiting retrial, the mere use of the term "Judgment Reversed" in the mandate of an appellate court does not prohibit a retrial.
3. Res Judicata
The Court of Appeals held in Balducci, 304 Md. at 674-75: "In light of the view we have taken of the original mandate, it is unnecessary to further consider the issue of . . . res judicata. . . ." Because we find that this Court's earlier mandate does not preclude the State from Prosecuting Glaser for manslaughter by automobile, we also need not consider whether the doctrine of res judicata applies to the instant case.
THE TRIAL COURT'S DISMISSAL OF COUNTS ONE AND TWO IS REVERSED; APPELLEE TO PAY COSTS.
Disposition
THE TRIAL COURT'S DISMISSAL OF COUNTS ONE AND TWO IS REVERSED; APPELLEE TO PAY COSTS.
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