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HAYDEN v. WARDEN, MARYLAND PENITENTIARY

No. 10061.

363 F.2d 647 (1966)

Bennie Joe HAYDEN, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 21, 1966.

Petition for Rehearing Denied June 3, 1966.

Attorney(s) appearing for the Case

Albert R. Turnbull, Norfolk, Va., (Court-assigned counsel) [Fine, Fine, Legum, Schwan & Fine, Norfolk, Va., on brief], for appellant.

Franklin Goldstein, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

Petition for Rehearing En Banc Denied June 3, 1966.

SOBELOFF, Circuit Judge.

Appellant Hayden is serving a sentence of fourteen years in the Maryland Penitentiary, having been convicted and sentenced in the Criminal Court of Baltimore City in June, 1962, for robbery with a deadly weapon. After a hearing in the District Court on his application for a writ of habeas corpus, relief was denied, and from this action an appeal was taken.

In this court the...

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