Fairbanks v. Director of Patuxent Institution

Marbury, J., delivered the opinion of the Court. This is an application for leave to appeal from an order of the Criminal Court of Baltimore, dated October 2, 1964, finding the applicant to be a defective delinquent and recommitting him to Patuxent Institution under the provisions of Code (1957, 1964 Cum. Supp.), Article 31B. He was found guilty of sodomy on February 26, 1960, and on April 1 of that year was sentenced to one year in the Maryland House of Correction, and subsequently transferred to Patuxent Institution for evaluation, after a hearing.

He was committed to that institution by Judge Manley on March 17, 1961, and his application for leave to appeal from that determination and commitment was denied by this Court on September 25, 1961. Fairbanks v. Director, 226 Md. 661 , 173 A. 2d 913 . On January 30, 1962, applicant filed a petition under the Post Conviction Procedure Act, which was denied on November 15, 1962, but no application for leave to appeal was filed from the denial of relief under that Act. On March 19, 1964, applicant requested a rehearing on the question ⁴⁴⁹ of his defective delinquency, and on October 2, 1964, he was again determined to be a defective delinquent by Chief Judge Manley, sitting without a jury, and recommitted to the Patuxent Institution.

From this order applicant now seeks leave to appeal, alleging that the lower court committed the following errors: 1. That the verdict of the court was against the weight of the evidence. 2. That the evidence was insufficient for a finding of defective delinquency. 3. That the evidence produced by the State, through Dr. Boslow, was brief and not factually sufficient. 4.

That the evidence produced by Dr. Schneidmuhl indicates that the applicant is non-psychotic. 5. That the testimony of the applicant should have been controlling and the verdict, therefore, was against the weight of the