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STATE v. MARS

No. 542, September Term, 1977.

39 Md. App. 436 (1978)

386 A.2d 1234

STATE OF MARYLAND v. WILLIAM MARS.

Court of Special Appeals of Maryland.

Decided June 7, 1978.

Attorney(s) appearing for the Case

Bruce C. Spizler, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Donaldson C. Cole, Jr., State's Attorney for Cecil County, and Paul S. Podolak, Assistant State's Attorney for Cecil County, on the brief, for appellant.

William B. Calvert, with whom were O. Robert Lidums and Rollins & Calvert on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MOYLAN and LISS, JJ.

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

This appeal by the State involves exclusively the application of the Maryland Statute of Limitations in non-penitentiary misdemeanor cases. The Annotated Code of Maryland, Courts and Judicial Proceedings Article, § 5-106 (a), provides:

"Except as provided by this section, a prosecution for a misdemeanor not made punishable by confinement in the penitentiary by statute shall be instituted within one year...

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