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MASTROMARINO v. DIRECTOR OF PATUXENT INSTITUTION

[No. 326, September Term, 1966.]

244 Md. 645 (1966)

224 A.2d 674

MASTROMARINO v. DIRECTOR OF PATUXENT INSTITUTION

Court of Appeals of Maryland.

Decided December 12, 1966.

Attorney(s) appearing for the Case

James C. Cawood, Jr., for appellant.

Alfred J. O'Ferrall, III, Assistant Attorney General, with whom were Robert C. Murphy, Attorney General, and Arthur A. Marshall, Jr., State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, BARNES and McWILLIAMS, JJ.

HAMMOND, C.J., delivered the opinion of the Court. BARNES, J., concurs in the result. Concurring opinion at page 651, infra.

Mastromarino, the appellant, was determined to be a defective delinquent by a jury which had been required to swear to a belief in God as a prerequisite to service. While his application for leave to appeal was pending, we decided Schowgurow v. State, 240 Md. 121, in which at the suit of a Buddhist...

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