LUCAS v. WARDEN, 235 Md. 666 (1964)

202 A.2d 604

LUCAS v. WARDEN OF THE MARYLAND HOUSE OF CORRECTION

[App. No. 1, September Term, 1964.]Court of Appeals of Maryland.
Decided July 28, 1964.

POST CONVICTION PROCEDURE ACT — Application For Leave To Appeal From Denial Of Relief Not Filed Within Thirty Days From The Passage Of Order Appealed From, As Required By

Page 667

Code (1963 Cum. Supp.), Art. 27, Sec. 645-I, And Maryland Rule BK 46 a, And Application Denied. p. 667

S.K.S.

Decided July 28, 1964.

Edward Lucas 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, HORNEY, MARBURY and SYBERT, JJ.

PER CURIAM.

On November 25, 1963, the lower court (Chief Judge Manley) signed an order denying the applicant’s petition for relief under the Uniform Post Conviction Procedure Act. This application for leave to appeal was filed on January 21, 1964. Since it was not filed within thirty days from the passage of the order appealed from, as required by Code (1963 Cum. Supp.), Art. 27, Sec. 645-I, and Maryland Rule BK 46 a, it must be denied.

Application denied.