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JACOBS v. BROUGH

No. 10968.

375 F.2d 606 (1967)

Isaac JACOBS, Appellant, v. Franklin K. BROUGH, Warden, Maryland Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 28, 1967.

Attorney(s) appearing for the Case

Daniel G. Grove and John C. Cratsley, Washington, D. C. (Court-assigned counsel), for appellant.

Edward L. Blanton, Jr., Asst. Atty. Gen. of Maryland (Robert C. Murphy, Atty. Gen. of Maryland, on brief), for appellee.

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

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

ALBERT V. BRYAN, Circuit Judge:

This appeal questions the 14th Amendment-validity of the refusal of retroactivity to the Maryland Court of Appeals' decision vitiating indictments returned by grand jurors who, to qualify, were required to take an oath declaring a belief in God. The requirement is written in "Article 36. Religious freedom" of the State constitution in these words:

"nor shall any person, otherwise competent, be deemed incompetent as a...

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