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JOHNSON v. WARDEN

App. No. 62, September Term, 1972.

16 Md. App. 227 (1972)

295 A.2d 820

JEROME JOHNSON v. WARDEN, MARYLAND PENITENTIARY.

Court of Special Appeals of Maryland.

Decided October 24, 1972.

Attorney(s) appearing for the Case

Floyd L. Parks for applicant.

Francis B. Burch, Attorney General and Raymond G. Thieme, State's Attorney for Anne Arundel County, for respondent.

Before ORTH, POWERS and GILBERT, JJ.

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

In Maryland the punishment upon conviction of rape is prescribed by statute. Code, Art. 27, § 461 provides:

"Every person convicted of a crime of rape or as being accessory thereto before the fact shall, at the discretion of the court, suffer death, or be sentenced to confinement in the penitentiary for the period of his natural life, or undergo a confinement...

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