Gamble v. Warden of Md. Penitentiary
| Decision Date | 14 June 1960 |
| Docket Number | No. 107,107 |
| Citation | 161 A.2d 450,223 Md. 633 |
| Parties | Elwood GAMBLE v. WARDEN OF the MARYLAND PENITENTIARY. Post Conviction |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
This is an application for leave to appeal from the denial of post conviction relief.
The applicant, who was convicted of murder in the second degree of one victim and of assault with intent to murder another victim, was sentenced to eighteen years for the graver offense and to five years for the lesser offense, the sentences of run consecutively. In his application for relief the applicant complained (i) that he was innocent; (ii) that the evidence was insufficient to justify conviction; (iii) that he was denied his right of appeal because his trial counsel did not inform him of such right; (iv) that three of the state's witnesses committed perjury though it was not alleged that the State knew of or participated in the use of perjured testimony; (v) that the trial of the case was improperly conducted though it was not alleged that he complained to the court of the incompetence of his counsel; (vi) that he was informed and believed that a 'person or persons withheld evidence' favorable to the applicant; and (vii) that the sentence of eighteen years for second degree murder was excessive.
Even a cursory examination of these contentions will disclose that none states a...
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State v. Long
...in denying the applicant a copy of the transcript. To the same effect, see Johnson v. Warden, 222 Md. 587, 158 A.2d 119, Gamble v. Warden, 223 Md. 633, 161 A.2d 450, and White v. Warden, 229 Md. 645, 184 A.2d 840. In Klein v. Warden, 233 Md. 603, 604, 195 A.2d 608, where the complaint was t......
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White v. Warden of Md. Penitentiary
...will not be required to be given to a petitioner in the absence of a showing that it would serve some useful purpose. Gamble v. Warden, 223 Md. 633, 161 A.2d 450, cert. den., 364 U.S. 893, 81 S.Ct. 228, 5 L.Ed.2d 190. We find no showing here that the furnishing of a transcript to the petiti......
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Wade v. Warden, Md. Penitentiary
...that the transcript would serve a useful purpose, the request is denied. Bauerlien v. Warden, 236 Md. 346, 203 A.2d 880; Gamble v. Warden, 223 Md. 633, 161 A.2d 450. The vague 'fishing expedition' reason furnished by petitioner is not For the reasons assigned by the lower court in its opini......
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Gamble v. Warden of Md. Penitentiary, 44
...the Post Conviction Procedure Act. In the first application essentially the same contentions were made as are now presented. Gamble v. Warden, Md., 161 A.2d 450. Consequently, the lower court by Chief Judge Niles dismissed this second application without a hearing or appointment of counsel,......