Roberts v. Warden, Md. Penitentiary
Decision Date | 05 May 1966 |
Docket Number | No. 78,78 |
Parties | Robert ROBERTS v. WARDEN, MARYLAND PENITENTIARY. Post Conviction |
Court | Maryland Court of Appeals |
Before PRESCOTT, C. J., and HAMMOND, HORNEY, MARBURY, OPPENHEIMER, BARNES, and McWILLIAMS, JJ.
We adopt the reasons set forth in the opinion of Judge Jones in the court below denying post conviction relief. However, the answers to two contentions raised by the petitioner require additional amplification.
The first point needing additional discussion is petitioner's contention that the twenty year consecutive sentences imposed by Judge Carter in the Criminal Court of Baltimore under the second counts of indictments Nos. 506 and 507 ( ) are illegal, in that the sentences under these counts could not exceed the statutory maximum of fifteen years for the statutory crime of assault with intent to murder. As pointed out by Judge Jones, this same contention was specifically rejected by this Court in Roberts v. Warden, 221 Md. 576, 580, 155 A.2d 891, because petitioner had failed to appeal the trial court's adverse determination of this matter and thereby the sentence had been finally litigated so as to preclude post conviction relief. In that case we stated that But assuming that subsequent decisions by this and federal courts have limited the thrust of waiver, petitioner's contention is without substantive merit because as stated by Judge Horney, speaking for the Court in Gleaton v. State, 235 Md. 271, 277, 201 A.2d 353:
...
To continue reading
Request your trial-
Thomas v. State
...for common law assault against both constitutional and legal attacks...." 333 Md. at 98, 634 A.2d at 8. A case on point is Roberts v. Warden, 242 Md. 459, 219 A.2d 254, cert. denied, 385 U.S. 876, 87 S.Ct. 156, 17 L.Ed.2d 104 (1966), where the defendant pled guilty to two counts of common l......
-
State v. Lancaster
...and unusual punishment. Sentences of twenty years' imprisonment for common law assault have been upheld by this Court. See Roberts v. Warden, 242 Md. 459, 219 A.2d 254, cert. denied, 385 U.S. 876, 87 S.Ct. 156, 17 L.Ed.2d 104 (1966); Adair v. State, 231 Md. 255, 189 A.2d 618 (1963). Assault......
-
Walker v. State
...common law assault against both constitutional and legal attacks. Adair v. State, 231 Md. 255, 189 A.2d 618 (1963); Roberts v. Warden, 242 Md. 459, 219 A.2d 254 (1966); 10 Brown v. State, 38 Md.App. 192, 379 A.2d 1231 (1977); Raley v. State, 32 Md.App. 515, 527-528, 363 A.2d 261 (1976); and......
-
Robinson v. State
...to make any alteration in the common law other than what has been specified and plainly pronounced." Id. See also Roberts v. Warden, 242 Md. 459, 460-61, 219 A.2d 254, 255, cert. denied, 385 U.S. 876, 87 S.Ct. 156, 17 L.Ed.2d 104 (1966)(holding that creation of statutory assaults was not in......