Leek v. Warden of Maryland Penitentiary

Hammond, J., delivered the opinion of the Court. On February 1, 1962, William E. Leek was convicted of rape but acquitted of perverted practice by a jury in the Criminal Court of Baltimore. He took an appeal and the judgment was affirmed. Leek v. State, 229 Md. 526 .

Now he has applied for leave to appeal from the denial of post conviction relief by Judge Allen. In his petition filed in the Criminal Court of Baltimore on December 31, 1962, Leek listed the following grounds for relief: ⁶⁰⁸ 1— there was no evidence before the trial magistrate to establish a prima jade case 2— the State’s examining physician did not appear before the magistrate or the grand jury 3— the trial court did not have jurisdiction to try the case A — evidence was insufficient to convict 5— the corpus delicti was not proven by the State 6— his conviction was based on perjured testimony 7— the State suppressed evidence 8— he was denied the right to testify in his own behalf 9— his counsel was inadequate 10— the complaining witness did not appear before the grand jury on his indictment for perverted practice 11— he was illegally arrested and evidence seized as a result was improperly admitted The first ten contentions raised by Leek were discussed and properly dismissed by