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DeTORO v. WARDEN, MARYLAND PENITENTIARY

Civ. Nos. 16804, 13693, 14372.

264 F.Supp. 528 (1967)

Percy DeTORO v. WARDEN, MARYLAND PENITENTIARY. William RALPH v. WARDEN, MARYLAND PENITENTIARY. Johnnie BROWN v. WARDEN, MARYLAND PENITENTIARY.

United States District Court D. Maryland.

February 20, 1967.

Attorney(s) appearing for the Case

William J. McCarthy, Baltimore, Md., for DeToro, petitioner.

Edward L. Genn, Silver Spring, Md., for Ralph, petitioner.

H. Russell Smouse, Baltimore, Md., for Brown, petitioner.

Francis B. Burch, Atty. Gen. of Maryland, and Franklin Goldstein, Asst. Atty. Gen., Baltimore, Md., for Warden, respondent.

Marshall A. Levin and Elsbeth Levy Bothe, Baltimore, Md., amici curiæ.

Before THOMSEN, Chief Judge, and NORTHROP, District Judge.

PER CURIAM.

Petitioners in these three cases, State prisoners under sentence of death, have filed habeas corpus petitions based upon the decision of the Court of Appeals of Maryland in Schowgurow v. State, 240 Md. 121, 213 A.2d 475 (1965), in which the Court held that the provisions of Article 36 of the Maryland Declaration of Rights, requiring demonstration of belief in God as a qualification for service...

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