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CARTER v. STATE

No. 391, September Term, 1977.

38 Md. App. 400 (1978)

381 A.2d 309

CHARLES MITCHELL CARTER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 10, 1978.

Attorney(s) appearing for the Case

Submitted by Alan H. Murrell, Public Defender, and Michael R. Nalloy, Assistant Public Defender, for appellant.

Submitted by Francis B. Burch, Attorney General, F. Ford Loker, Assistant Attorney General, Richard D. Warren, State's Attorney for Wicomico County, and Robert A. Eaton, Assistant State's Attorney for Wicomico County, for appellee.

The cause was submitted on briefs to THOMPSON, MELVIN and WILNER, JJ.

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

On April 5, 1977, Charles M. Carter (appellant) was convicted by the Circuit Court for Wicomico County (Pollitt, J. presiding without a jury) of escape. He was committed to the custody of the Division of Correction for a period of one year to run consecutive with the sentence he was then serving. Appellant now presents two questions for our review:

"1. Did the trial court err by denying Appellant's motion to...

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