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KIRBY v. WARDEN, MARYLAND PENITENTIARY

No. 7735.

261 F.2d 345 (1958)

John E. KIRBY, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 13, 1958.

Attorney(s) appearing for the Case

Walter E. Black, Jr., Baltimore, Md. (H. B. Mutter, Baltimore, Md., on the brief), Court appointed counsel, for appellant.

James H. Norris, Jr., Sp. Asst. Atty. Gen. of Maryland (C. Ferdinand Sybert, Atty. Gen. of Maryland, on the brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court denying a petition of the appellant, John E. Kirby, for writ of habeas corpus based on the ground that he was imprisoned under sentences of the Criminal Court of Baltimore on charges of robbery with a deadly weapon, after a trial which had been unduly delayed in violation of his constitutional right to a speedy trial.

Kirby was indicted in the Criminal...

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