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BLACKBURN v. COPINGER

No. 13723.

421 F.2d 602 (1970)

Earl Leroy BLACKBURN, Appellee, v. Roger B. COPINGER, Warden, Maryland State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1970.

Attorney(s) appearing for the Case

Alfred J. O'Ferrall, III, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, and Edward F. Borgerding, Asst. Atty. Gen., on brief), for appellant.

Larry P. Scriggins, Baltimore, Md. (court-assigned counsel), and George A. Nilson, Baltimore, Md., for appellee.

Before SOBELOFF, BRYAN and BUTZNER, Circuit Judges.

PER CURIAM:

The charges upon which Earl Leroy Blackburn was tried in the Maryland state court grew out of an armed robbery which resulted in the victim's death. He was convicted of first degree murder, robbery and armed robbery, but was acquitted of an assault charge. The murder conviction, for which Blackburn was sentenced to death, was founded upon the felony-murder rule, which attaches equal liability to the actual killer and anyone participating in the robbery...

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