Poff v. Director, Patuxent Institution

Thompson, J., delivered the opinion of the Court. This is John Preston' Poff’s application for leave to appeal from an order filed by Judge William B. Bowie presiding in the Circuit Court for Prince George’s County, denying relief sought by applicant’s first petition under the Uniform Post Conviction Procedure Act. Poff was convicted of grand larceny and breaking and entering with intent to steal. Poff contends: “A. The oath is unconstitutional. “B. The indictment against me was not a true bill. “C. My attorney refused to call four (4) witnesses who could testify in my behalf. “D. The complaining witness perjured himself —Mohammed Saleh.” In his contention concerning the constitutionality of the oath, applicant does not state what oath he is referring to, what part of it is unconstitutional, on what grounds it is unconstitutional, nor to whom the oath applies.

This contention must be dismissed as a bald allegation. Ross v. Warden, 1 Md. App. 46 , 227 A. 2d 42 . In his second allegation, applicant contends the indictment was defective because it gave the name “Mohammed Saleh” when that name was not the real name of the witness; the witness’s real name appears to be “Wilson.” This contention is not a ground for relief since objections based on defects in the indictment, other than the indictment failing to show jurisdiction of the court or to charge an offense, must be raised by motion before-trial or they are waived. See Rule 725 (b) and Williams v. Director, 4 Md. App. 721 , 245 A. 2d 105 .

In his third contention, applicant claims that four witnesses were not called in his behalf. This contention may ²⁴² be construed either as questioning his