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GARDNER v. STATE

No. 210, September Term, 1975.

29 Md. App. 314 (1975)

347 A.2d 881

SHERMAN ELROY GARDNER, III v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 3, 1975.

Attorney(s) appearing for the Case

John J. Garrity, with whom were Feissner, Garrity, Levan & Schimel and Edward P. Camus, Public Defender for Prince George's County, on the brief, for appellant.

Bruce C. Spizler, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and E. Garrison Neal, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before MORTON, GILBERT and MOORE, JJ.

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

Once again we are required to reverse a conviction wherein the facts clearly indicate the guilt of the accused. We must reverse because of the State's failure to comply with the provisions of Md. Ann. Code art. 27, § 616S (a), the Intrastate Detainer Act. That section provides that an accused who is serving another sentence

"... in any correctional institution under the jurisdiction of the Department ...

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