Burgess v. Warden, Md. House of Correction, 64
| Decision Date | 22 December 1959 |
| Docket Number | No. 64,64 |
| Citation | 156 A.2d 794,221 Md. 610 |
| Parties | Earlie BURGESS v. WARDEN, MARYLAND HOUSE OF CORRECTION. Post Conviction |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
For the reasons set forth in the opinion of Judge Digges in the court below, this application for leave to appeal under the Uniform Post Conviction Procedure Act is denied. The applicant raised nine points of contention below, all of which go to the sufficiency of the evidence or the form of the indictment and cannot be raised under post conviction procedure. Whitley v. Warden, 209 Md. 629, 120 A.2d 200; Medley v. Warden, 207 Md. 634, 636, 115 A.2d 287. Grounds which were not raised in the proceeding in the court below may not be raised for the first time on appeal. Code 1957 (1959 Supp.) art. 27, Sec. 645H; Shifflett v. Warden, Md., 155 A.2d 68; Culley v. Warden, Md., 154 A.2d 813.
Application denied.
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Cabiness v. Warden, Md. House of Correction
...Post Conviction Procedure Act. Young v. Warden of Maryland Penitentiary, 233 Md. 596, 196 A.2d 713; Burgess v. Warden of Maryland House of Correction, 221 Md. 610, 156 A.2d 794; Nixon v. Director, Patuxent Institution, 1 Md.App. 14, 226 A.2d 352; Ross v. Warden, Maryland Penitentiary, 1 Md.......
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White v. Warden of Md. Penitentiary
...the first time in an application for leave to appeal is impermissible. Code (Cum.Supp.1962), Article 27, Section 645 H; Burgess v. Warden, 221 Md. 610, 156 A.2d 794. Moreover, it is likewise clear that the record fails to show any denial of an opportunity to employ counsel of his own select......
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Campbell v. Warden of Md. Penitentiary, 26
...both of these contentions might have been raised on direct appeal, but not in a collateral proceeding. See, for example, Burgess v. Warden, 221 Md. 610, 156 A.2d 794, as to the sufficiency of the evidence; and Roberts v. Warden, 223 Md. 635, 161 A.2d 668, and Young v. Warden, 218 Md. 636, 1......
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Farley v. Warden of Md. Penitentiary, 111
...to no more than an allegation that the evidence was insufficient to convict, which cannot be raised in this proceeding. Burgess v. Warden, 221 Md. 610, 156 A.2d 794. The other contentions, denial of due process, lack of a fair and impartial trial, and irregularities in the trial, are too ge......