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SMALLWOOD v. WARDEN, MARYLAND PENITENTIARY

No. 10205.

367 F.2d 945 (1966)

Herbert SMALLWOOD, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 26, 1966.

Attorney(s) appearing for the Case

Abel J. Merrill, Baltimore, Md. (Court-assigned counsel) [Gordon, Feinblatt & Rothman, Baltimore, Md., on brief], for appellant.

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

Before HAYNSWORTH, Chief Judge, and BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

A judgment of conviction with a sentence of life imprisonment for murder was passed October 1, 1953 upon Herbert Smallwood, on a jury verdict in the Circuit Court of Charles County, Maryland. No appeal was taken, but vacation of the conviction and sentence was sought in the State courts through statutory remedies1 and petitions for habeas corpus, all to no avail.2 Thereupon he...

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