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WYLEY v. WARDEN, MARYLAND PENITENTIARY

Civ. No. 14444.

254 F.Supp. 727 (1966)

Rodger WYLEY, #3253 v. WARDEN, MARYLAND PENITENTIARY.

United States District Court D. Maryland.

May 18, 1966.

Attorney(s) appearing for the Case

Mathias J. DeVito (Court-appointed), Baltimore, Md., for petitioner.

Thomas B. Finan, Atty. Gen., of Maryland, and Carville M. Downes, Asst. Atty. Gen., Baltimore, Md., for respondent.

THOMSEN, Chief Judge.

Does Article 15, section 5 of the Maryland Constitution, which provides that in the trial of all criminal cases "the Jury shall be the Judges of Law, as well as of fact," violate the due process and equal protection clauses of the Fourteenth Amendment to the Constitution of the United States? That is the only question pressed by petitioner, a state prisoner serving a life sentence, imposed after he was found guilty of first degree murder, without...

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