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CARBAUGH v. STATE

[No. 131, September Term, 1981.]

294 Md. 323 (1982)

449 A.2d 1153

CHARLES ELLSWORTH CARBAUGH, JR. v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided September 13, 1982.

Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Stephen Rosenbaum, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

The petitioner, Charles Ellsworth Carbaugh, Jr., was charged in the District Court of Maryland, sitting in Allegany County, with speeding (driving 102 miles per hour in a 55 miles per hour zone) and driving when his license was revoked. Carbaugh prayed a jury trial, and the case was removed to the Circuit Court for Allegany County.1 Carbaugh filed no pre-trial motions to dismiss pursuant...

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