158 A.2d 104
[P.C. No. 72, September Term, 1959.]Court of Appeals of Maryland.
Decided February 19, 1960.
POST CONVICTION PROCEDURE ACT — Claims Held Finally Decided In Another Proceeding. Allegations of perjury and of incompetence of counsel in a post conviction proceeding were held to have been finally decided in another proceeding, and the applicant was denied leave to appeal from an order denying relief. Code (1959 Supp.), Art. 27, § 645A(a). p. 579
J.E.B.
Decided February 19, 1960.
Carl Smith instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.
Application denied.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
PER CURIAM.
Application for leave to appeal from an order denying post conviction relief is denied for the reasons set out in the opinion of the court below, and for the further reason that the allegations of perjury and incompetence of counsel were finally decided in Smith v. Warden, 213 Md. 643. Code (1959 Supp.) Art. 27, § 645A(a).
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