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WHITFIELD v. WARDEN OF MARYLAND HOUSE OF CORRECTION

No. 73-1498.

486 F.2d 1118 (1973)

Conrad WHITFIELD, Appellee, v. WARDEN OF the MARYLAND HOUSE OF CORRECTION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Josef E. Rosenblatt, Asst. Atty. Gen., of Md. (Francis B. Burch, Atty. Gen., of Md. and Edward F. Borgerding and John P. Stafford, Jr., Asst. Attys. Gen., on brief) for appellant.

Morton Guth, Baltimore, Md., for appellee.

Before BUTZNER, RUSSELL and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

The State of Maryland appeals from a judgment of the district court sustaining Conrad Whitfield's claim of double jeopardy and consequently barring his retrial for murder and conspiracy to commit murder. Influenced in part by recent decisions not available to the district judge, we reverse.1

The factual background is not complex.2 The...

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