Ogle v. Warden of Maryland Penitentiary

⁴²⁶ Henderson, C. J., delivered the opinion of the Court. This is an application for leave to appeal from a denial of post conviction relief by Judge Oppenheimer in the court below. The applicant was convicted on March 19, 1959, of robbery with a deadly weapon and sentenced to twenty years. He was also convicted of burglary, and three charges of accessory before the fact, for which he received sentences of five years each, to run concurrently with the twenty-year sentence.

He was represented by counsel of his own selection, pleaded guilty in each case, and when he took the stand at his own request, admitted participation in the crimes charged. The State stetted nine other charges of similar character, in view of his pleas of guilty. In his petition for post conviction relief, he alleged that he was illegally arrested and subjected to an illegal search and seizure. Judge Oppenheimer disposed of the matter by stating that the petitioner merely complained, at the post conviction hearing, that there was no warrant for his arrest, and did not show a lack of probable cause for his arrest.

We may add that the statement of facts by the State’s Attorney, following acceptance of the guilty pleas, indicated that the petitioner was apprehended on the burglarized premises, virtually caught in the act, and that he was implicated by his confederates in the other offenses, having been present at the robbery and having furnished the revolvers. These facts alone, if proven, would have amounted to probable cause to arrest. There is no showing that anything was found on the