Kain v. Warden of Maryland House of Correction

Court of Appeals of Maryland

Kain v. Warden of Maryland House of Correction

174 A.2d 437, 226 Md. 678, 1961 Md. LEXIS 457

Court of Appeals of Maryland·Decided October 24, 1961·No. App. No. 29·Published

Opinion

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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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.

Kain v. Warden of Maryland House of Correction, 174 A.2d 437, 226 Md. 678, 1961 Md. LEXIS 457 (Md. 1961).

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Opinion

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