Hamilton v. Warden of Md. House of Correction

• Decision Date: 09 June 1959
• Docket Number: No. 2,2
• Citation: 220 Md. 657,152 A.2d 125
• Parties: Walter Allen HAMILTON v. WARDEN OF THE MARYLAND HOUSE OF CORRECTION. Application
• Court: Maryland Court of Appeals

Page 657

220 Md. 657

152 A.2d 125

Walter Allen HAMILTON v.WARDEN OF THE MARYLAND HOUSE OF CORRECTION.

Application No. 2.

Court of Appeals of Maryland.

June 9, 1959.

Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT, and HORNEY, JJ.

PER CURIAM.

This is an application for leave to appeal under the Post Conviction Procedure Act, Code (1958 supp.)Art. 27, sec. 645A et seq.The applicant filed a petition for a writ of error coram nobis with Judge Carter, but, with the consent of the petitioner, it was treated as a petition under the new Act.Counsel was appointed, and hearings were held before Judge Allen.

The applicant had pleaded guilty on February 6, 1956, to six charges of larceny of six different automobiles, and been sentenced by Judge Carter to eight years in each case, to run concurrently.He sought to review these convictions in at least three applications for habeas corpus, which were denied and applications for leave to appeal denied.Hamilton v. Warden, 212 Md. 659, 129 A.2d 169;Id., 214 Md. 633, 136 A.2d 251;Id., 216 Md. 652, 160 A.2d 891.In the present case, counsel conceded that all grounds for relief, except one, were passed on and rejected in the three cases cited.

The remaining contention is that he is entitled to a delayed appeal, on the ground that his effort to take a timely appeal was defeated...