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HENDERSON v. WARDEN, MARYLAND PENITENTIARY

Civ. No. 16338.

248 F.Supp. 917 (1965)

James William HENDERSON v. WARDEN, MARYLAND PENITENTIARY.

United States District Court D. Maryland.

Supplementary Opinion, December 29, 1965.

Attorney(s) appearing for the Case

Gerald M. Katz, Baltimore, Md. (court-appointed), for petitioner.

Thomas B. Finan, Atty. Gen. of Maryland, and John C. Cooper, III, Asst. Atty. Gen., Baltimore, Md., for respondent.

THOMSEN, Chief Judge.

Henderson's petition for a writ of habeas corpus, which challenges his conviction as a third offender under the Maryland narcotics laws,1 is based on three grounds:

(1) "That the indictment alleged two prior convictions for violation of the Narcotic laws, and this indictment was made known to the Jury to the petitioner's prejudice during his trial as a third offender when the indictment was read to the jury...

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