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WAGNER v. WARDEN

[H.C. No. 7, October Term, 1954.]

205 Md. 648 (1954)

109 A.2d 118

WAGNER v. WARDEN OF MARYLAND PENITENTIARY

Court of Appeals of Maryland.

Decided November 15, 1954.

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

This is an application for leave to appeal from a denial of the writ of habeas corpus by Judge Moser of the Supreme Bench of Baltimore City. The petitioner was convicted of sodomy in 1953 by the Circuit Court for Allegany County and sentenced to five years in the penitentiary.

The petitioner grounds his application on these points: 1, that he was illegally arrested; 2, that when he had

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