Jordan v. Warden

Thompson, J., delivered the opinion of the Court. Daniel Jordan applies for leave to appeal from a denial of relief prayed in his second post conviction petition. On March 4, 1966, applicant’s original conviction for murder in the second degree and 18 year sentence was voided at his election under Schowgurow v. State, 240 ⁴⁸⁶ Md. 121, 213 A. 2d 475 . He was later reindicted and on October 31, 1966, in the Criminal Court of Baltimore, he was reconvicted of murder in'the second degree and was sentenced to a term of 15 years.

This conviction was affirmed by this Court in Jordan v. State, 2 Md. App. 415, 234 A. 2d 783 . On March 27, 1969, this Court, in an unreported opinion, denied his application for leave to appeal from a denial of relief prayed in his first post conviction petition.' Jordan now contends: (1) That petitioner’s constitutional rights were violated when he was indicted without members of his own race on the Grand Jury. (2) That the law of Maryland which requires all candidates for public office, including the judge and the jury, to take a religious oath, is unconstitutional. (3) That, because of this religious oath, the-judge and jury had no legal right to pass judgment in this case.

(4) That his constitutional rights were violated when he was indicted twice for the same crime. (5) That a statement made by petitioner to the police before being advised of his constitutional rights was erroneously admitted into evidence. The first contention was found by the hearing judge to be factually incorrect, and we are given no reason, and see no reason, to disturb the finding. The second and third contentions were considered and rejected by this Court in Hartley v. State, 4 Md. App. 450 , 243 A. 2d 665 , insofar as they relate to the disqualification of judges.

Insofar as they relate to juries, the record shows the applicant was reindicted and retried after juries were selected in accordance with Schowgurow v. State, supra. The fifth