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BERRY v. STATE

No. 445, September Term, 1978.

41 Md. App. 563 (1979)

398 A.2d 59

DONALD ELBERT BERRY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 7, 1979.

Attorney(s) appearing for the Case

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

Submitted by Francis Bill Burch, Attorney General, Ray E. Stokes, Assistant Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Robert Moss, Assistant State's Attorney for Baltimore City, for appellee.

The cause was submitted on briefs to MOORE, LOWE and WILNER, JJ.

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

On March 7, 1973, Donald E. Berry, the appellant, was convicted on a guilty plea in the Criminal Court of Baltimore (Cardin, J.) of nonsupport of his wife and two children pursuant to Article 27, Section 88 of the Annotated Code of Maryland (Supp. 1978). He was sentenced to the custody of the Division of Correction for an eighteen-month period. However, the sentence was suspended...

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