COWANS v. WARDEN, 244 Md. 709 (1966)

223 A.2d 629

COWANS v. WARDEN OF MARYLAND PENITENTIARY

[App. No. 122, September Term, 1965.]Court of Appeals of Maryland.
Decided November 18, 1966.

POST CONVICTION PROCEDURE ACT — Contention That Applicant Was Entitled To A New Trial Under Schowgurow v. State Rejected — Conviction Became Final Upon Filing Of Opinion On The Direct Appeal From Applicant’s Conviction, Which Was Prior To Date Of Schowgurow Decision. p. 709

S.K.S.

Decided November 18, 1966.

Application for leave to appeal from the Criminal Court of Baltimore (HARLAN, J.).

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

Application denied.

Before HAMMOND, C.J., and HORNEY, MARBURY, BARNES and McWILLIAMS, JJ.

PER CURIAM.

The application of Ronald Vernon Cowans for leave to appeal from the order denying him post conviction relief from his imprisonment for robbery is hereby denied for the reasons stated in the opinion filed by Judge Harlan in the lower court.

With regard to the contention (raised for the first time in this application for leave to appeal) that the applicant is entitled to a new trial under the decision in Schowgurow v. State, 240 Md. 121, we need only point out that his conviction became final upon the filing of the opinion on direct appeal i Cowans and Hayes v. State, 238 Md. 433, on April 29, 1965. Se Waller v. Director, 244 Md. 229.

Application denied.

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