203 A.2d 905

BROWN v. WARDEN OF MARYLAND PENITENTIARY

[App. No. 36, September Term, 1964.]Court of Appeals of Maryland.
Decided October 19, 1964.

POST CONVICTION PROCEDURE ACT — Issue Not Raised Below Is Not Properly Before This Court. p. 622

Decided October 19, 1964.

James Brown instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application denied.

Page 622

Before HENDERSON, C.J., and PRESCOTT, MARBURY, SYBERT and OPPENHEIMER, JJ.

PER CURIAM.

Application for leave to appeal from a denial of post conviction relief is denied for the reasons set out in the opinion of Judge Harlan in the court below. A third issue, that he was not informed of his right to appeal, was not raised below, and hence is not properly before us. Davis v. Warden, 235 Md. 637, 639.

Application denied.

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