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SAS v. STATE OF MARYLAND

Civ. A. Nos. 14808, 14451, 14891, 14792, 14197, 13919, 14787, 15031, 15349, 15189, 12556 and 15318.

295 F.Supp. 389 (1969)

John SAS v. STATE OF MARYLAND, Director of Patuxent Institution. Timothy Patrick O'CONNOR v. STATE OF MARYLAND, Director, Patuxent Institution. George L. CRESWELL v. DIRECTOR, PATUXENT INSTITUTION. James C. SHINE v. STATE OF MARYLAND, Director of Patuxent Institution and the Maryland State Legislature. Albert Delanor MUREL v. BALTIMORE CITY CRIMINAL COURT and Director of Patuxent Institution, State of Maryland. Robert N. HAYES, Jr. v. Harold M. BOSLOW, M.D., Director, Patuxent Institution. Gene David WEDDLE v. DIRECTOR, PATUXENT INSTITUTION and State of Maryland. Charles C. COFIELD v. STATE OF MARYLAND, Patuxent Institution. Charles Mason TIPPETT v. STATE OF MARYLAND, and Director of Patuxent Institution. Charles M. CRAIG, Jr. v. STATE OF MARYLAND, Director of Patuxent Institution. William R. MONROE v. DIRECTOR OF the PATUXENT INSTITUTION, and State of Maryland. John E. SIMON v. STATE OF MARYLAND.

United States District Court D. Maryland.

January 15, 1969.

Attorney(s) appearing for the Case

Patrick J. B. Donnelly, Baltimore, Md., Karl G. Feissner, Feissner, Kaplan, Miller & Smith, Hyattsville, Md., Alan H. Murrell, Harry E. Silverwood, Jr., Baltimore, Md., for petitioners.

Francis B. Burch, Atty. Gen., Alfred J. O'Ferrall, Franklin Goldstein and Morton Sacks, Asst. Attys. Gen., Baltimore, Md., for the State of Maryland.

WATKINS, District Judge.

In Sas v. Maryland, 4 Cir. 1964, 334 F.2d 506, a panel of the United States Court of Appeals for the Fourth Circuit — although holding that the Maryland Defective Delinquents Act, Annotated Code of Maryland, Article 31B (Supp.1961) [hereinafter the Act] was "facially constitutional" (334 F.2d at 509); that the Court "cannot agree [with petitioners' contention] that the statutory definition" of a defective...

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