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FULTON v. WARDEN, MARYLAND PENITENTIARY

Civ. A. No. J-78-1517.

517 F.Supp. 485 (1981)

Samuel FULTON, Petitioner, v. WARDEN, MARYLAND PENITENTIARY, Respondent.

United States District Court, D. Maryland.

June 29, 1981.

Attorney(s) appearing for the Case

Samuel Fulton, in pro per.

Stephen H. Sachs, Atty. Gen., Alice G. Penderhughes, Asst. Atty. Gen., Baltimore, Md., for respondent.

MEMORANDUM AND ORDER

SHIRLEY B. JONES, District Judge.

Petitioner Samuel Clifton Fulton was convicted of first degree murder on December 7, 1973 by a jury in the Baltimore City Criminal Court and was sentenced to imprisonment for the balance of his natural life. He filed this action under 28 U.S.C. § 2254, challenging an alibi instruction given at his trial, as unconstitutionally shifting the burden of proof to him.

No exception was taken to...

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