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WILSON v. STATE

No. 898, September Term, 1973.

21 Md. App. 557 (1974)

321 A.2d 549

JACK M. WILSON v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 13, 1974.

Attorney(s) appearing for the Case

Benjamin Lipsitz, with whom was Eleanor Jean Lipsitz on the brief, for appellant.

Harry A.E. Taylor, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Ford Loker, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, C.J., and POWERS and MOORE, JJ.

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

The ultimate issue in this case is whether JACK M. WILSON is to be tried in the Criminal Court of Baltimore or in the District Court of Maryland on charges of drunken driving. The resolution of the issue turns on whether he is entitled to a trial by jury. Whether he is entitled to a trial by jury depends upon the punishment to which he is subject upon conviction.

I

Code, Art. 66 1/2, § 11-902 declares...

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