Opinion
[P.C. No. 15, September Term, 1959.]
Decided October 20, 1959.
POST CONVICTION PROCEDURE ACT — Hearing under — Presence of Petitioner — Within Trial Court's Discretion. Whether a petitioner for relief under the Post Conviction Procedure Act should be present at the hearing below is a matter within the discretion of the trial court. p. 672
J.E.B.
Decided October 20, 1959.
Eugene J. Curnyn, Jr., 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 and HORNEY, JJ.
For the reasons set out in the opinion of the court below, the petition under the Post Conviction Procedure Act was properly denied, and application for leave to appeal is denied. Applicant contends, in his brief filed here, that he was illegally denied a right to be present at the hearing below, on his petition under the Act. We have held that the matter is within the discretion of the trial court. Plump v. Warden, Md. Penitentiary, 220 Md. 662, 665, 153 A.2d 269, 270.