John Wilber Davis v. Vernon L. Pepersack, Warden, Maryland Penitentiary

SOBELOFF, Chief Judge.

This appeal is from the dismissal of a writ of habeas corpus and denial of a subsequent petition for the writ of habeas corpus by the United States District Court for the District of Maryland. Davis v. Pepersack, D.C.Md.1957, 155 F. Supp. 550. District Judge Thomsen, certified, however, that there was probable cause that appellant, a prisoner in the Maryland Penitentiary, had been denied procedural due process by having been sentenced under the wrong Maryland criminal statute.

On January 24, 1955, John Wilber Davis pleaded guilty in the Circuit Court for Frederick County,…