Opinion
[P.C. No. 40, September Term, 1959.]
Decided November 24, 1959.
POST CONVICTION PROCEDURE ACT — New Trial — Withdrawal Of Motion For, Allegedly Without Petitioner's Knowledge And Consent. A claim that the petitioner's motion for a new trial was withdrawn on October 4 without his knowledge and consent could not now be made the subject of post conviction inquiry, where the petitioner, who was represented by counsel, did not allege that when he was sentenced on October 11, at which time he was, of course, present, he made any objection in the trial court as to its withdrawal, nor that then, or thereafter, he even so much as inquired as to the status of his motion. pp. 594-595
J.E.B.
Decided November 24, 1959.
Willie Lee Farmer 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.
Willie Lee Farmer was convicted of assault with intent to kill and sentenced to a fifteen-year term in the penitentiary. He now seeks leave to appeal from the dismissal by Judge W. Albert Menchine of his petition for relief under the Uniform Post Conviction Procedure Act. Code (1959 Cum. Supp.), Art. 27, secs. 645A-645J.
All of the petitioner's contentions except one go to the alleged insufficiency of the evidence to convict and are dealt with in detail by Judge Menchine, who dismissed in the Circuit Court Farmer's application for relief. The remaining contention, which may merit some further discussion, is that his motion for a new trial was withdrawn without his knowledge and consent. The motion was withdrawn on October 4, and sentence was imposed on October 11. Petitioner, who was represented by counsel, of course, was present in court at the time of his sentencing, but he does not allege that he made any objection in the trial court at that time, nor that then, or thereafter, he even so much as inquired as to the status of his motion. Accordingly, as the court below ruled, this complaint cannot now be made the subject of post conviction inquiry. Canter v. Warden, 211 Md. 643.
Application denied.