CHERRY v. STATE

No. 244, September Term, 1969.

9 Md. App. 416 (1970)

264 A.2d 887

CHARLES CURTIS CHERRY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided May 6, 1970.


Attorney(s) appearing for the Case

John S. McInerney for appellant.

James F. Truitt, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Linthicum, State's Attorney for Montgomery County, and Walter H. Madden, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

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


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

The single issue in this case concerns the authority of the trial judge to impose more severe punishment upon the appellant, Charles Curtis Cherry, after his conviction for the same offense at a second trial, than the punishment imposed at his original trial.

Cherry was convicted of driving "under the influence of intoxicating beverage" in the People's Court of Montgomery County and was fined $350 of which $100...

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