Domneys v. Warden of the Maryland Penitentiary

Hammond, J., delivered the opinion of the Court. On April 3, 1961, Frank Oliver Domneys, the applicant for leave to appeal, was found guilty of rape by a jury in the Criminal Court of Baltimore, and was sentenced to death by Judge Carter. In his appeal to this Court the judgment was affirmed. Domneys v. State, 229 Md. 388 .

Domneys then filed a petition in the Criminal Court of Baltimore under the Uniform Post Conviction Procedure Act, alleging that: (1) he did not receive a fair and impartial trial; (2) he did not receive adequate legal representation; and (3) the evidence presented by the State was not legally sufficient to sustain the charge of rape. When counsel was appointed, the petition was amended to include the allegation that the jury was not fairly and adequately instructed that they might add to their verdict, if they decided the defendant was guilty of rape, the phrase “without capital punishment.” Judge Prendergast denied petitioner’s application for relief. From that denial, he applied to this Court for leave to appeal. All contentions were carefully considered by Judge Prendergast, and we adopt the reasons assigned by him in his original memorandum for denial of relief on petitioner’s first three grounds.

In a supplemental memorandum he held that there was no merit to the fourth contention, and we agree. (We note, in passing, that the charge of the trial judge was not excepted to on this ground and the point, was not mentioned in brief or argument on appeal.) Judge Carter said in his chárge to the jury that counsel on both sides had discussed the matter of