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WARDEN v. PALUMBO

[No. 59, September Term, 1957.]

214 Md. 407 (1957)

135 A.2d 439

WARDEN OF MARYLAND PENITENTIARY v. PALUMBO (Cross Appeals)

Court of Appeals of Maryland.

Decided October 24, 1957.

Attorney(s) appearing for the Case

James H. Norris, Jr., Special Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, and J. Harold Grady, State's Attorney for Baltimore City, on the brief, for appellants.

J. Calvin Carney, with whom was Preston A. Pairo, Sr., on the brief, for appellee.

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

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

This is an appeal by the Warden of the Maryland Penitentiary and the Board of Parole and Probation, (the Board), and a cross appeal by Samuel E. Palumbo, (Petitioner), who filed a petition for a writ of habeas corpus.

On September 23, 1948, Petitioner was found guilty in the Criminal Court of Baltimore of assault with intent to rape and was sentenced to life imprisonment in the Maryland

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