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SAS v. STATE OF MARYLAND

Nos. 9094, 9095, 9096, 9098, 9143.

334 F.2d 506 (1964)

John SAS, Appellant, v. STATE OF MARYLAND, Director of Patuxent Institution, Appellees. Albert Delanor MUREL, Appellant, v. STATE OF MARYLAND and Director of Patuxent Institution, Appellees. James C. SHINE, Appellant, v. STATE OF MARYLAND, Director of Patuxent Institution and the Maryland State Legislature, Appellees. Timothy Patrick O'CONNOR, Appellant, v. STATE OF MARYLAND Director, Patuxent Institution, Appellees. George L. CRESWELL, Appellant, v. DIRECTOR, PATUXENT INSTITUTION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 16, 1964.

Attorney(s) appearing for the Case

Brodnax Cameron, Jr., Bel Air, Md., and John D. Alexander, Jr., Baltimore, Md. (court-assigned counsel), for appellants.

Gerard Wm. Wittstadt, Asst. Atty. Gen. (Thomas B. Finan, Atty. Gen., and Jacques E. Leeds, Asst. Atty. Gen., on brief), for appellees.

Before BOREMAN and J. SPENCER BELL, Circuit Judges, and CRAVEN, District Judge.

J. SPENCER BELL, Circuit Judge.

This is a consolidated appeal of five petitions for writs of habeas corpus filed by five inmates of Maryland's Patuxent Institution wherein they seek to have the Maryland Defective Delinquent Act, Ann.Code of Md., Article 31B (Supp. 1961) [hereinafter the Act], under which they are confined declared unconstitutional. The petitions were denied by the district court without the issuance of a writ of habeas corpus or show cause order,...

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