Delclef v. State

MURPHY, Chief Judge. We granted certiorari, 300 Md. 386 , 478 A.2d 712 (1984) to consider whether use of the statutory short form indictment for theft prescribed by Maryland Code (1957, 1982 Repl. Vol.), Article 27, § 344(a) violated the petitioner Delclef’s claimed constitutional right to a charging document that sufficiently advised him of the alleged misconduct and set forth the essential elements of the offense. I On April 20, 1982, John Neteler, the proprietor of an automobile used car and repair shop business, discovered ³⁴⁶ that a green Volkswagon bus, which he owned, was missing from his lot.

Shortly thereafter, the petitioner Delclef was observed in possession of the vehicle. It had been painted black, the back seats were missing, the radio had been replaced and the vehicle serial numbers had been removed from the front of the windshield. Delclef was charged in the Circuit Court for Baltimore City with theft in violation of § 342 of Art. 27 in the form of indictment prescribed by § 344(a); it was alleged that on April 20, 1982, Delclef “did unlawfully steal property and services, of Netelers Used Cars, John Ensweler Agent, Finksburg, Maryland, of the value of more than $300.00 current money, to wit: One 1971 Volkswagon bus, VIN # 2212136295, in violation of Article 27, Section 342 of the Annotated Code of Maryland, contrary to the form of the Act of Assembly, in such case made and provided, and against the peace, government and dignity of the State.” Delclef moved to dismiss the indictment on the ground that it failed to allege the elements of the offense and adequately to inform him of the charge against him. The court denied the motion.

Delclef thereafter filed a motion for a bill of particulars, demanding, among other things, that the State set forth “the exact way and manner in which the