Washington v. Director of Patuxent Institution

Hammond, J., delivered the opinion of the Court. This is an application for leave to appeal by McCoy Washington from a finding by a jury in the Circuit Court for Montgomery County that he is a defective delinquent and the order of the court dated June 8, 1964, committing him to the Patuxent Institution. Washington was convicted of assault and battery on November 21, 1963, and sentenced to a term of not more than three years in the Maryland Reformatory for Men by Judge Moor-man. He was then referred to the Patuxent Institution and in a report filed April 8, 1964, was said to be a defective delinquent.

Counsel was appointed for him by the court, and there were also obtained for him the services of an independent psychologist, a Sol Charen, who on June 5, 1964, filed his report. It was his opinion that Washington was not a defective delinquent, but the jury found that he was. In this current application for leave to appeal, Washington relies on six grounds for relief. First is a claim that the applicant through his counsel was denied the opportunity to conduct a voir dire examination of the jury prior to its selection.

It is not alleged that he ever sought such an examination or that, if he did, that the trial court abused its discretion as to the questions it asked or refused to ask. The absence of specifics makes the contention meaningless. Next is the contention that there was insufficient evidence to support the finding that ³¹³ the applicant was a defective delinquent. This contention is without merit, as the report by Dr. Boslow of the Patuxent diagnosis and evaluation, recommending him as a defective delinquent, is clearly sufficient to support the verdict of the jury.

Laird v. Director, 234 Md. 604 ;