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CLARK v. WARDEN MARYLAND PENITENTIARY

No. 8277.

293 F.2d 479 (1961)

Joseph Henry CLARK, Appellant, v. WARDEN MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 26, 1961.

Attorney(s) appearing for the Case

James C. McKay (Court-assigned counsel), Washington, D. C. [Stephen J. Pollak, Court-assigned counsel, Washington, D. C., on the brief], for appellant.

James H. Norris, Jr., Sp. Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on the brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and HARRY E. WATKINS, District Judge.

SOBELOFF, Chief Judge.

This is the appeal of Joseph Henry Clark, a Maryland state prisoner whose application for a writ of habeas corpus was denied by the District Court without a hearing. The sole question presented for determination is whether Clark should have been given a hearing on the claim that his conviction was based on testimony known by state officials to be false.

The relevant facts may be summarized as follows: On May 9, 1958, in the Criminal...

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