Mumford v. Director of Patuxent Institution

PBR Curiam. Applicant had previously been convicted in the Criminal Court of Baltimore of assault with intent to murder and on June 28, 1961, was sentenced to three years in the Maryland House of Correction. Subsequently, on September 24, 1962, he was found to be a defective delinquent and committed to Patuxent Institution pursuant to Code (1957, 1965 Cum. Supp.), Article 31B, Section 5.

He later filed an application for a re-determination as to whether he was still a defective delinquent and on January 4, 1965, he was again found to be a defective delinquent by Chief Judge Manley, sitting without a jury, and was recommitted to Patuxent Institution. An application for leave to appeal and a memorandum in support thereof have been filed on behalf of the applicant by his court appointed attorney based upon the following contentions: 1. That the verdict was erroneous and against the weight of the evidence. 2. That there was no evidence legally sufficient to support a finding of defective delinquency. 3.

That the evidence for the applicant showed that he was prepared to re-enter society. 4. That the witness for the State relied on the applicant’s speech impediment as a basis for finding him a defective delinquent. 5. That the medical staff of Patuxent has not provided him with group therapy. The applicant’s first contention relates to the weight of the evidence and not to the sufficiency thereof.

We