KIRBY v. WARDEN, MARYLAND PENITENTIARY

No. 8394.

296 F.2d 151 (1961)

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

United States Court of Appeals Fourth Circuit.

Decided November 15, 1961.


Attorney(s) appearing for the Case

Lowell R. Bowen, Baltimore, Md. (Court-assigned counsel), for appellant.

Robert F. Sweeney, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on the brief), for appellee.

Before SOBELOFF, Chief Judge, and BOREMAN and BELL, Circuit Judges.


PER CURIAM.

John E. Kirby appeals from an order of the District Court dismissing without a hearing his petition for a writ of habeas corpus. Kirby is a state prisoner now serving two consecutive sentences of twenty years each in the Maryland Penitentiary on two charges of armed robbery.

The complaint is that his confinement is unconstitutional because in passing sentence the trial judge was "motivated by matters not of record." To substantiate this claim the...

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