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STATE v. ROBERSON

[No. 43 (Adv.), September Term, 1960.]

222 Md. 518 (1960)

161 A.2d 441

STATE v. ROBERSON

Court of Appeals of Maryland.

Decided June 9, 1960.

Attorney(s) appearing for the Case

Joseph S. Kaufman, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, William Kahler, State's Attorney for Prince George's County, and Frank P. Flury, Deputy State's Attorney for Prince George's County, on the brief, for appellant.

Thomas B. Yewell, with whom were Welsh, Dyer & Lancaster on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

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

On March 7, 1960, after a hearing on a petition for post conviction relief, Judge Fletcher, in the Circuit Court for Prince George's County, ordered that the petitioner be released from the custody of officials of the Patuxent Institution, to which he had been duly committed as a defective delinquent pursuant to a finding of a jury on January 8, 1957, and an order of court, under Code (1957), Art. 31B, sec. 9 (b)...

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