Capparella v. Director of Patuxent Institution

Per Curiam. On April 19, 1964, the applicant was convicted in the Criminal Court of Baltimore for burglary and robbery and sentenced to five years for burglary and ten years for robbery, the sentences to run consecutively. On appeal, the burglary conviction was reversed and the robbery conviction was affirmed. Capparella v. State, 235 Md. 204 , 201 A. 2d 362 (1964).

Thereafter, on September 18, 1964 the applicant was determined by Chief Judge Manley, sitting without a jury, to be a defective delinquent as defined by Code (1964 Supp.) Article 31B, Section 5. This is an application for leave to appeal from that determination. ' ⁷¹⁵ The applicant, through his court appointed counsel, makes the following contentions: “(a) That the verdict of the court was erroneous and against the weight of the evidence; (b) that the trial court erred because there was no evidence legally sufficient to support the trial court’s findings of the applicant to be a defective delinquent; (c) that the State’s witness, Dr. Boslow, committed perjury; (d) that counsel appointed to represent the applicant at the hearing was inadequate; (e) that the trial court erred in presuming the applicant guilty until proven innocent in violation of his constitutional guarantee of right to fair trial; (f) that the applicant was denied due process as he was seriously mentally ill and incapable of making a defense, nor was he able to understand the nature of the proceedings, and (g) that the applicant was unable to understand the psychological testimony offered in evidence and was incapable of challenging such evidence.” Contentions (c), (d), (f) and (g) were not