Montgomery v. Director of Patuxent Institution

⁷⁰¹ Per Curiam. By an order of the Criminal Court of Baltimore (Meyer M. Cardin, Judge) dated May 19, 1965, the applicant after a hearing before a jury was found still to be a defective delinquent and was recommitted to Patuxent Institution. From the order, he brings this application for leave to appeal. Montgomery was convicted of larceny on April 29, 1960, in the Criminal Court of Baltimore, and was sentenced to a term of four years.

On February 11, 1963, he was found to be a defective delinquent and was committed to Patuxent Institution. After two years he petitioned for redetermination and was given the hearing which resulted in the recommitment order. The applicant raises the following contentions with regard to his recommitment hearing: 1. That there was no admissible evidence legally sufficient to support the finding of defective delinquency. 2.

That the only evidence on behalf of the State was the testimony of Dr. Boslow, who testified on the basis of reports of others who were not present in the courtroom and not subject to cross-examination. 3. That overwhelming testimony was produced indicating that the applicant was no longer a defective delinquent. 4. That the applicant has served more than the four-year prison term originally imposed on him. Taking the applicant’s contentions somewhat out of order, his second