Shields v. Director of Patuxent Institution

Per Curiam. Applicant had previously been convicted in the Criminal Court of Baltimore of burglary and on November 4, 1960, was sen ⁷¹¹ tenced to a two year suspended sentence. Subsequently, on May 12, 1961, the applicant was found guilty of sodomy and on June 5, 1961, was sentenced to not more than two years in the Maryland State Reformatory for Males. On February 4, 1963, he was found to be a defective delinquent by Judge Byrnes and was committed to Patuxent Institution.

He petitioned for re-determination and on October 25, 1965, a hearing was held before Judge Cardin, sitting without a jury, who found that the applicant was still a defective delinquent and recommitted him 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 there was no evidence legally sufficient to support a finding of defective delinquency. 2. That the applicant’s testimony indicated that he was ready to re-enter society. 3.

That the only testimony the State produced was that of Dr. Boslow, who testified from the reports of other members of his staff. 4. That the State failed to prove that he was being given any treatment. The applicant’s first contention