Opinion
[App. No. 149, September Term, 1963.]
Decided July 29, 1964.
DEFECTIVE DELINQUENTS — Contentions Going To Sufficiency Of Evidence, And Fact That Expert Witness Was Permitted To Express An Opinion Based In Part Upon Reports Of Other Experts, Held Without Merit. p. 671
DEFECTIVE DELINQUENTS — Private Hearings — No Requirement In Maryland Statute For. p. 672
DEFECTIVE DELINQUENTS — Claim That Proceeding Had Abated Because Sentence Allegedly Had Expired Before Determination Of Defective Delinquency — No Factual Basis Found For Claim Of Abatement. p. 672
Decided July 29, 1964.
From a finding that he was a defective delinquent, Charles B. Foster applied for leave to appeal.
Application denied.
Before the entire Court.
In this application for leave to appeal from a determination of defective delinquency by Judge Byrnes, the chief contentions made by counsel for the applicant go to the sufficiency of the evidence, and the fact that Dr. Boslow was permitted to express an opinion based in part upon the reports of other experts. There is no merit in these contentions. See Tippett v. Director, 233 Md. 647, 648, and McDonough v. Director, 229 Md. 626, 634. The applicant makes additional allegations as to incompetency of counsel, collusion, and other claims too indefinite to require discussion. Porter v. Director, 232 Md. 639. He claims that he sought and was denied a private hearing. There is no requirement in the Maryland statute for private hearings.
The applicant claims that his one year sentence for assault expired before the determination, and that the proceeding abated. The record shows that although he was acquitted of perverted practice upon a minor and convicted on the assault charge, he was convicted of enticing and harboring the same minor and sentenced to two years, to run consecutively. Since there is no factual basis for the claim of abatement we need not discuss it further.
Application denied.