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SULLIVAN v. STATE

No. 389, September Term, 1975.

29 Md. App. 622 (1976)

349 A.2d 663

BERNARD SULLIVAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 5, 1976.

Attorney(s) appearing for the Case

Harold P. Dwin, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Albert Gallatin Warfield, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Floyd Pond, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, C.J., and MORTON and LOWE, JJ.

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

THE SECOND OFFENDER

Prior to 1 January 1962 the procedures to be followed with respect to the subsequent offense aspect of a criminal charge as the basis for increased punishment were in a snarl. This was made manifest in Beard v. State, 216 Md. 302 (1958), in which a divided Court attempted to deal with the problem. The majority opinion held, in essence, that a form of...

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