Fox v. Director of Patuxent Institution

Per Curiam. Applicant was convicted in the Criminal Court of Baltimore of perverted practice on June 18, 1965, and had been sentenced to the Maryland House of Correction for a term of five years. Subsequently, on February 14, 1966, the applicant was found to be a defective delinquent by Judge Cullen, sitting without a jury, and was committed to Patuxent Institution. An applica ⁷²⁶ tion for leave to appeal and a memorandum in support thereof have been filed on his behalf by his court appointed attorney.

He sets forth the following contentions: 1. That there was no evidence legally sufficient to support the finding of defective delinquency. 2. That Dr. Boslow testified from reports of staff members of Patuxent Institution. 3. That these staff members were not present in court and the defendant could not cross examine them. 4.

That the applicant was not properly represented by his court appointed counsel who interviewed the applicant only once at Patuxent for a period of 15 minutes, and then interviewed him briefly on the day of trial. 5. That Dr. Philip Lerner examined the applicant, found him not to fit the description of a defective delinquent, but applicant’s attorney did not summon Dr. Lerner to testify. Since the report of Patuxent Institution as testified to by Dr. Boslow resulted in the finding that the applicant was a defective delinquent, this point goes to the weight of the evidence and not to the sufficiency thereof. Questions relating to the weight of the evidence are not available on application for leave