MEREDITH v. DIRECTOR, 236 Md. 617 (1964)

203 A.2d 869

MEREDITH v. DIRECTOR OF PATUXENT INSTITUTION

[App. No. 19, September Term, 1964.]Court of Appeals of Maryland.
Decided October 16, 1964.

POST CONVICTION PROCEDURE ACT — Court Rejected Contention That Applicant Did Not Intelligently Waive Right To Counsel In Entering Guilty Plea To Criminal Offense Because Suffering From Asthma At Time. p. 618

S.K.S.

Decided October 16, 1964.

Owen Monroe Meredith (alias John L. Carey) instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application denied.

Page 618

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

PER CURIAM.

The applicant, held at Patuxent Institution under a commitment reaffirmed in 1961 (see 226 Md. 653), contended below, in an application for post conviction relief, that his original trial for a criminal offense in 1957, which preceded the first determination that he was a defective delinquent, was a nullity. The reason assigned was that he was suffering from asthma at the time and did not intelligently waive his right to counsel, in connection with his plea of guilty. We find no merit in the contention. Upon the facts found by Judge Carter in the court below, the application for leave to appeal must be denied. Cf Hoskins v. Warden, 235 Md. 613, 200 A.2d 688, 689.

Application denied.