Gray v. Director, Patuxent Institution

Per Curiam. This is an application for leave to appeal from an Order of March 14, 1967, by Judge Shirley B. Jones, sitting in the Criminal Court of Baltimore, denying Roderic Earl Gray’s application for relief under the Uniform Post Conviction Procedure Act. On July 29, 1965, the applicant was found guilty of rape and assault with intent to murder before Judge Perrott, sitting without a jury, in the Criminal Court of Baltimore. Applicant was sentenced to not more than twenty years in the Maryland Correctional Institution for Males on the rape conviction and to not more than ten years in the Maryland Correctional Institution for Males on the assault with intent to murder conviction, to run consecutively.

On May 4, 1966, applicant was adjudged a defective delinquent in a hearing before Judge .Cullen. Applicant’s various contentions can be combined as follows: 1. He was not advised of his constitutional rights as they were understood to be at the time of his arrest and interrogation. 2. A new trial would amount to double jeopardy. 3.

At his hearing he raised the additional point that he was without an attorney at his preliminary hearing. ⁴¹⁴ Applicant’s first contention here encompasses contentions 1, 2, 4, 5 and 6 of the written' petition, namely, he was denied the right to make a phone call to his family while he was being held and interrogated; he was not advised of his right to counsel- and of his right to remain silent; and that he was beaten by the police as a result of which he gave a confession. (At the hearing, applicant related the cruel and unusual punishment allegation of his written petition to the treatment in the police station and not to the sentence imposed). Applicant