Opinion
[App. No. 64, September Term, 1965.]
Decided January 5, 1966.
Application for leave to appeal from the Criminal Court of Baltimore (HARLAN, J.).
Robert Galloway White instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.
Application denied.
Before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY, OPPENHEIMER and McWILLIAMS, JJ.
Decided January 5, 1966.
The application of Robert Galloway White for leave to appeal from the order denying him post conviction relief from his imprisonment for first degree murder is hereby denied for the reasons stated in the opinion filed by Judge Harlan in the lower court.
Even if the testimony of the applicant had not excluded him from the application of Escobedo v. Illinois, 378 U.S. 478, to the facts of this case with regard to his claim that he was not advised of his entitlement to counsel and his right to remain silent during his interrogation by the police, we decided in Hyde v. State, 240 Md. 661, that Escobedo should not be applied retrospectively in a factual situation similar to that in this case.
Application denied.