HENDERSON, J., delivered the opinion of the Court.
The appellant was indicted in Howard County on a charge of escaping from Patuxent Institution on August 18, 1956, where he had been detained and confined as a defective delinquent, as defined in Code (1951), Art. 31B, sec. 5. After a motion to dismiss was overruled, the appellant pleaded not guilty, elected a trial by the court, was found guilty and sentenced to serve five years in the Maryland Penitentiary. The appeal...
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