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ELLIOTT v. WARDEN, MARYLAND PENITENTIARY

Civ. No. 14478.

238 F.Supp. 416 (1965)

John Wesley ELLIOTT v. WARDEN, MARYLAND PENITENTIARY.

United States District Court D. Maryland.

February 5, 1965.

Attorney(s) appearing for the Case

Allen B. Spector, Baltimore, Md., (court-appointed), for petitioner.

Thomas B. Finan, Atty. Gen., of Maryland, and Franklin Goldstein, Asst. Atty. Gen., Baltimore, Md., for respondent.

THOMSEN, Chief Judge.

This is a petition for a writ of habeas corpus filed by a State prisoner, who is presently serving a life sentence after a conviction of first degree murder in the Criminal Court of Baltimore (Tucker and Cullen, JJ., without a jury), his original death sentence having been commuted to life imprisonment by Governor McKeldin.

Petitioner is pressing three contentions in this Court: (1) that he...

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