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GIBSON v. STATE

Nos. 413, 464, 629, September Term, 1972.

17 Md. App. 246 (1973)

300 A.2d 692

HENRY GIBSON v. STATE OF MARYLAND. JOHN E. TATE v. STATE OF MARYLAND. ROBERT T. AUSTIN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 28, 1973.

Attorney(s) appearing for the Case

In appeal No. 413, Stephen Sachs and Charles Morgan for appellant.

Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Daniel W. Moylan, State's Attorney for Washington County, and Arthur Rozes, Assistant State's Attorney for Washington County, on the brief, for appellee.

In appeal No. 464, Joseph F. Padula for appellant.

Clarence W. Sharp, Assistant Attorney General, with no brief filed on behalf of appellee.

In appeal No. 629, Joseph F. Padula for appellant.

Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Gilbert Rosenthal, Assistant Attorney General, Daniel W. Moylan, State's Attorney for Washington County, and Arthur Rozes, Assistant State's Attorney for Washington County, on the brief, for appellee.

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

The disorders occurring at the Maryland Correctional Institution, Hagerstown, Maryland, on May 17, 1971, led to the indictment of a number of inmates on varying charges, including assault, riot, and malicious destruction of property. Many of those charged filed a suggestion of removal, Md. Rules 542 and 738, under affidavit,1 in which they alleged that they could not receive a fair and impartial...

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