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STATE v. BERRY

[No. 37, September Term, 1979.]

287 Md. 491 (1980)

413 A.2d 557

STATE OF MARYLAND v. DONALD ELBERT BERRY

Court of Appeals of Maryland.

Motion for reconsideration filed April 28, 1980.

Motion granted and opinion modified May 5, 1980.

Attorney(s) appearing for the Case

Ray E. Stokes, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellant.

Michael R. Malloy, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

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

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

The question presented here is whether a trial court may revoke a defendant's probation for failure to support his wife and children as ordered and sentence him under the original conviction when the period of probation has expired.

The statute involved is Maryland Code (1957, 1976 Repl. Vol., 1979 Cum. Supp.), Art. 27, § 88. Section 88 (a) deals with the wilful neglect to provide for support and maintenance...

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