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STEWART v. STATE

[No. 111, September Term, 1974.]

275 Md. 258 (1975)

340 A.2d 290

STEWART v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided June 25, 1975.

Attorney(s) appearing for the Case

Argued and reargued by Arthur D. Condon, Assigned Public Defender, for appellant.

Argued and reargued by Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued on January 13, 1975, before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ., and reargued on May 13, 1975, before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

O'DONNELL, J., delivered the opinion of the Court. SMITH, DIGGES and ELDRIDGE, JJ., dissent and ELDRIDGE, J., filed a dissenting opinion in which SMITH and DIGGES, JJ., concur at page 275 infra.

This case involves the question of where venue may lie for the trial of the crime of escape under Maryland Code (1957, 1971 Repl. Vol. [1974 Cum. Supp.]) Art. 27, § 139.

The evidence presented by the prosecution tended to show the following: On October...

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