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SMITH v. BROUGH

Civ. No. 16435.

248 F.Supp. 435 (1965)

James Francis SMITH v. Franklin K. BROUGH, Warden, Maryland Penitentiary.

United States District Court D. Maryland.

December 14, 1965.

Attorney(s) appearing for the Case

Morris L. Kaplan, Baltimore, Md., for petitioner.

Thomas B. Finan, Atty. Gen. of Maryland, Robert F. Sweeney, Asst. Atty. Gen., Chief, Criminal Division, and Morton A. Sacks, Asst. Atty. Gen., Baltimore, Md., for respondent.

George L. Russell, Jr., Baltimore, Md., amicus curiæ.

THOMSEN, Chief Judge.

The petitioner in this habeas corpus proceeding, a Maryland State prisoner, contends that he has been deprived of his rights under the Fourteenth Amendment to the Constitution of the United States because, pursuant to Article 36 of the Declaration of Rights in the Constitution of Maryland,1 persons who did not believe in the existence of God were excluded from the grand...

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