McDonough v. Director of Patuxent Institution

Per Curiam. In January, 1960, petitioner was convicted under a warrant charging assault and battery before a trial magistrate of Baltimore County. An appeal was taken to the Circuit Court for Baltimore County where he was again found guilty of the charge ⁶⁴⁶ before a jury, Judge Turnbull presiding, on August 5, 1960, and sentenced to serve two years in the Maryland House of Correction. On January 17, 1962, before a jury, Judge Lindsay presiding, petitioner was found to be a defective delinquent and confined to Patuxent Institution.

On May 29, 1962, Judge Raine conducted a hearing under the Uniform Post Conviction Procedure Act (the Act) wherein petitioner first sought to attack his original criminal conviction. Judge Raine denied relief, and we denied application for leave to appeal for the reasons set forth in Judge Raine’s opinion. McDonough v. Director, 229 Md. 642 , 184 A. 2d 622 (1962). Petitioner was represented by counsel throughout all these proceedings.

Petitioner also filed an application for leave to appeal from his January 17th determination as a defective delinquent which was considered by this Court and denied in McDonough v. Director, 229 Md. 626, 183 A. 2d 368 (1962). Petitioner filed another application under the Act which was denied by Judge Raine on June 8, 1964, and from that denial petitioner seeks leave to appeal to this Court. In this petition, he attacks