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Duff v. Warden of Maryland Penitentiary

Decided: May 4, 1964.

DUFF
v.
WARDEN OF THE MARYLAND PENITENTIARY



John Robert Duff instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Brune, C. J., and Henderson, Hammond, Prescott, Horney, Marbury and Sybert, JJ. Sybert, J., delivered the opinion of the Court.

Sybert

On December 14, 1961, the applicant, John Robert Duff, was found guilty of assault with intent to murder, assault and battery, and carrying a concealed weapon, by a jury in the Circuit Court for Cecil County, and was sentenced to serve ten years in the penitentiary. On appeal, where the only question raised

was whether the sentence constituted cruel and unusual punishment, the conviction was affirmed. Duff v. State, 229 Md. 126, 182 A.2d 349 (1962).

On June 24, 1963, the applicant filed a petition in the Circuit Court for Cecil County seeking relief under the Uniform Post Conviction Procedure Act. The court appointed counsel for the applicant. Counsel filed a supplementary petition and later the applicant filed an additional petition. At a hearing the court (Keating, J.) heard the testimony of the applicant and of his trial counsel, and a transcript of the testimony at the trial was introduced in evidence by the applicant. The lower court denied relief, and an application for leave to appeal to this Court was filed.

In the petitions the applicant contended that:

(1) there was a prejudicial and unwarranted separation of the jury at the end of the trial after the case had been submitted to the jury, but before deliberations had begun;

(2) the applicant was illegally detained for six weeks before trial without being given a preliminary hearing;

(3) he was held incommunicado for 6 weeks prior to his arraignment;

(4) bail was excessive;

(5) he was not informed of the charges against him until arraignment, which was six weeks after ...


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