BARBEE v. WARDEN, MARYLAND PENITENTIARY

No. 9063.

331 F.2d 842 (1964)

William B. BARBEE, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 29, 1964.


Attorney(s) appearing for the Case

Charles Yumkas, Baltimore, Md. (Court-assigned counsel), for appellant.

Loring E. Hawes, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and BARKSDALE, District Judge.


SOBELOFF, Chief Judge.

The appellant contends that his conviction in a Maryland state court should be set aside on federal habeas corpus because the prosecutor failed, either through lack of his personal knowledge or for some other reason, to disclose at the trial potentially exculpatory evidence in the possession of the police, thereby causing prejudice to the appellant.

On April 12, 1957, William Barbee was arrested for shooting Jimmy McGee a few days earlier...

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