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WHITELEY v. WARDEN

[No. 426, September Term, 1969.]

258 Md. 634 (1970)

267 A.2d 150

WHITELEY v. WARDEN, MARYLAND PENITENTIARY

Court of Appeals of Maryland.

Decided July 8, 1970.

Attorney(s) appearing for the Case

Harold Buchman for appellant.

James F. Truitt, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, John L. Sanford, Jr., State's Attorney for Worcester County, and Theodore R. Eschenburg, Assistant State's Attorney for Worcester County, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

SINGLEY, J., delivered the opinion of the Court.

Whiteley, convicted of conspiracy to sell marijuana by a Worcester County jury, was committed by the Circuit Court on 31 October 1969 to the custody of the Commissioner of Correction for a term of five years. On 25 November 1969, he entered an appeal to the Court of Special Appeals, and on 29 December 1969, filed a petition for a writ of habeas corpus on the ground that he was...

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