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STATE v. MAGLIANO

No. 433, September Term, 1968.

7 Md. App. 286 (1969)

255 A.2d 470

STATE OF MARYLAND v. BENJAMIN BARRY MAGLIANO.

Court of Special Appeals of Maryland.

Decided June 23, 1969.

Attorney(s) appearing for the Case

Henry R. Lord, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Robert C. Stewart, Assistant State's Attorney for Baltimore City, on the brief, for appellant.

Alan H. Murrell, with whom was Phillip M. Sutley on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

ORTH, J., delivered the opinion of the Court.

In Fabian v. State, 3 Md.App. 270, 274-279, we examined the common law crime of escape, traced the history of the Maryland statutes proscribing escape and reviewed decisions of the Court of Appeals on the subject. We observed that, as developed in the common law, escape was of three kinds:

"1. By the person that hath the felon in his custody, and this is properly an...

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