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SHOREY v. WARDEN, MARYLAND STATE PENITENTIARY

No. 11128.

401 F.2d 474 (1968)

Phillip SHOREY, Appellant, v. WARDEN, MARYLAND STATE PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 18, 1968.

Attorney(s) appearing for the Case

Fred E. Weisgal, Baltimore, Md. (court-assigned counsel), for appellant.

Fred Oken, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The District Court for the District of Maryland denied Phillip Shorey's petition for a writ of habeas corpus after a plenary hearing. Shorey was sentenced to death on June 7, 1961, upon the verdict of a jury of the Criminal Court of Baltimore City convicting him of rape and burglary. His conviction was affirmed on appeal, Shorey v. State, 227 Md. 385, 177 A.2d 245 (1962), cert...

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