RUSSELL, Circuit Judge:
At a trial without a jury, the appellee was convicted of rape and burglary in 1960 before the Criminal Court of Baltimore, Maryland, and received a death sentence for rape and ten years' imprisonment for burglary. On appeal, his conviction was affirmed. His death sentence, however, was commuted by executive action to confinement for life. He thereafter filed for post-conviction relief in the State Court, and, upon the exhaustion of State remedies...
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