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STATE v. BURTON

No. 923, September Term, 1974.

26 Md. App. 591 (1975)

338 A.2d 421

STATE OF MARYLAND v. SHERMAN BURTON.

Court of Special Appeals of Maryland.

Decided June 4, 1975.

Attorney(s) appearing for the Case

Donald R. Stutman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Walter T. Seidel, Assistant State's Attorney for Baltimore City, on the brief, for appellant.

Leonard C. Redmond, III, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

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

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

Sherman Burton was convicted by Judge William J. O'Donnell, at a non-jury trial, in February 1965 of burglary, and sentenced to four years imprisonment. Burton was, on July 2, 1965, referred to Patuxent Institution for an evaluation. Subsequently, on May 25, 1966, Burton was found by Judge James K. Cullen, at a non-jury proceeding, to be a defective delinquent within the...

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