174 A.2d 437
[App. No. 29, September Term, 1961.]Court of Appeals of Maryland.
Decided October 24, 1961.
POST CONVICTION PROCEDURE ACT — Insufficient Evidence To Convict, Claim Of — Relief Denied. p. 678
POST CONVICTION PROCEDURE ACT — Application For Leave To Appeal — Additional Grounds Not Raised Below Cannot Be Considered For First Time On. p. 678
J.E.B.
Decided October 24, 1961.
Martin J. Kain 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 HAMMOND, PRESCOTT, HORNEY and MARBURY, JJ.
PER CURIAM.
Insufficient evidence to convict was the ground of the application for post conviction relief filed below. We agree with the reasons assigned by the lower court for denying relief. In addition to that contention, petitioner raises three other grounds in his application for leave to appeal here. Such additional grounds, not raised below, cannot be considered for the first time on an application for leave to appeal. Preston v. Warden, 225 Md. 628 (1961); Code (1960 Cum. Supp.), Art. 27, § 645A(a) and (b).
Application denied.
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