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PRESLEY v. PEPERSACK

Civ. No. 14753.

228 F.Supp. 95 (1964)

James L. PRESLEY, Petitioner, v. Vernon L. PEPERSACK, Warden, Maryland Penitentiary, Respondent.

United States District Court D. Maryland.

March 25, 1964.

Attorney(s) appearing for the Case

John H. Mudd and Thomas J. S. Waxter, Jr., Baltimore, Md. (by Court appointment), for petitioner.

Thomas B. Finan, Atty. Gen. of Maryland, and John W. Sause, Jr., Asst. Atty. Gen. of Maryland, Baltimore, Md., for respondent.

WINTER, District Judge.

Petitioner seeks the issuance of a writ of habeas corpus, alleging that on April 11, 1960 he was unconstitutionally convicted of rape and sentenced to death in the Criminal Court of Baltimore. He was tried before Honorable James K. Cullen, Associate Judge of the Supreme Bench of Baltimore City, and a jury. The offense allegedly occurred on Sunday, January 3, 1960, at a cemetery in Parkville, Baltimore...

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