STATE v. WOOTEN

[No. 87, September Term, 1975.]

277 Md. 114 (1976)

352 A.2d 829

STATE OF MARYLAND v. WOOTEN

Court of Appeals of Maryland.

Decided March 2, 1976.


Attorney(s) appearing for the Case

John A. Austin, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Sandra A. O'Connor, State's Attorney for Baltimore County, and Michael B. Sauer, Assistant State's Attorney for Baltimore County, on the brief, for appellant.

Russell J. White for appellee.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ., and ALBERT P. CLOSE, Associate Judge of the Third Judicial Circuit, specially assigned.


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

The issue we face in this criminal cause is whether a trial court had the power to suspend the execution of a portion of a life sentence it imposed following a conviction for murder in the first degree when the only penalty then authorized for that crime under Maryland law was imprisonment for life. Based on the language employed in the pertinent statutes, we conclude the General...

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