Carbaugh v. State

Charles Ellsworth Carbaugh, Jr., the appellant, was convicted of driving with a revoked license. He was tried in the Circuit Court for Allegany County, before Judge J. Frederick Sharer, sitting without a jury, despite a prayer for jury trial in the District Court.

The facts can be summarized as follows. Trooper R. J. Sivic of the Maryland State Police testified that at approximately 9:50 a.m. on August 25,1980 he was patrolling the "Martin’s Mountain” area of Route 40 in conjunction with an airborne speed surveillance. Trooper Sivic was alerted to the presence of a silver 1975 Chevrolet…