Charles Armwood, Appellant, v. Franklin K. Brough, Warden, Maryland Penitentiary, Appellee, 359 F.2d 854 (4th Cir. 1966)

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US Court of Appeals for the Fourth Circuit - 359 F.2d 854 (4th Cir. 1966) Argued April 5, 1966
Decided April 28, 1966

John D. Alexander, Jr., Baltimore, Md. (Court-assigned counsel), for appellant.

Robert F. Sweeney, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Circuit Judge, and BARKSDALE, District Judge.


Habeas corpus was sought by this Maryland prisoner on the basis of asserted illegality of a search of his apartment. The District Judge, at the conclusion of a plenary hearing, resolved certain contested issues of fact and concluded that the search was lawful because the defendant freely and voluntarily consented to it.

Under all the circumstances, we cannot say that finding was clearly erroneous.