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MIDGETT v. McCLELLAND

No. 75-2338.

547 F.2d 1194 (1977)

Curtis E. MIDGETT, Appellant, v. Gerald McCLELLAND, Warden of the Maryland Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1977.

Attorney(s) appearing for the Case

Henrietta U. Golding, Third Year Law Student (Randall M. Chastain, Columbia, S. C. [court-appointed counsel], on brief), for appellant.

Henry E. Dugan, Jr., Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen., Clarence W. Sharp, Asst. Atty. Gen., Chief, Crim. Div., Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and BUTZNER, Circuit Judge.

HAYNSWORTH, Chief Judge.

In this habeas corpus proceeding complaint is primarily made about the imposition of a heavier sentence after a second conviction of kidnapping, the judgment of conviction after the first trial having been reversed by the Court of Appeals of Maryland. Relief was denied in the District Court 422 F.Supp. 82, upon the ground that the second trial was upon a new indictment charging a more serious offense than...

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