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CARBAUGH v. STATE

No. 39, September Term, 1981.

49 Md. App. 706 (1981)

435 A.2d 116

CHARLES ELLSWORTH CARBAUGH, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 8, 1981.

Attorney(s) appearing for the Case

Martha Weisheit, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and George E. Burns, Jr., Assistant Public Defender, on the brief, for appellant.

Stephen Rosenbaum, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Lawrence V. Kelly, State's Attorney for Allegany County, and Michael R. Burkey, Assistant State's Attorney for Allegany County, on the brief, for appellee.

The cause was argued before THOMPSON, MASON and WILNER, JJ.

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

Charles Ellsworth Carbaugh, Jr., the appellant, was convicted of driving with a revoked license. He was tried in the Circuit Court for Allegany County, before Judge J. Frederick Sharer, sitting without a jury, despite a prayer for jury trial in the District Court.

The facts can be summarized as follows. Trooper R.J. Sivic of the Maryland State Police testified that...

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