SMITH v. STATE OF MARYLAND

No. 10507.

362 F.2d 763 (1966)

James Francis SMITH, Appellant, v. STATE OF MARYLAND, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 17, 1966.


Attorney(s) appearing for the Case

Morris Lee Kaplan, Baltimore, Md. (Court-assigned counsel), (Michael Lee Kaplan, Baltimore, Md., on brief), for appellant.

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

Thomas S. Currier, Charlottesville, Va., amicus curiae.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and HEMPHILL, District Judge.


HAYNSWORTH, Chief Judge.

In this federal habeas corpus proceeding, Smith attacks his Maryland conviction of obtaining money under false pretenses on the ground of exclusion of nonbelievers in God from the Grand Jury which returned the indictment. He, himself, staunchly professes belief in God, and his conviction was final before the Maryland Court of Appeals declared Article 36 of the Maryland Declaration of Rights invalid. Under those circumstances, we think the...

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