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McCLOSKEY v. BOSLOW

No. 9730.

349 F.2d 119 (1965)

James G. McCLOSKEY, Appellant, v. Dr. Harold M. BOSLOW, Director, Patuxent Institution, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 29, 1965.

Attorney(s) appearing for the Case

David H. Fishman, Baltimore, Md. (Court-assigned counsel), for appellant.

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

Before HAYNSWORTH, Chief Judge, J. SPENCER BELL, Circuit Judge, and HUTCHESON, District Judge.

J. SPENCER BELL, Circuit Judge.

This is an appeal from an order of the district court which denied the appellant's petition for a writ of habeas corpus without an evidentiary hearing.

On September 20, 1962, the petitioner, James G. McCloskey, was determined by a jury in the Circuit Court for Cecil County, Maryland, to be a defective delinquent.1 From the trial court's order committing him to the Patuxent Institution, he filed a...

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