59 A.2d 684 | Md. | 1948
This is an application for leave to appeal from the refusal of a writ of habeas corpus. The prisoner was convicted of perverted sexual practice by a jury in the Circuit Court for Anne Arundel County, and sentenced to three years in the Maryland House of Correction. He was represented by counsel appointed by the Court.
It is shown by the record that the applicant was indicted (1) for rape, (2) for perverted sexual practice and attempted perverted practice in separate counts, and (3) for sodomy. He was acquitted on the first and last indictments, convicted upon the first count of the second indictment, the State abandoned the second count therein. The applicant now contends that the jury found him guilty on the second count, not guilty on the first, and that the trial court "abandoned" the jury's verdict. He is positively contradicted in his assertion by the record. If error was committed by the trial court in receiving or entering the verdict, it was incumbent upon the accused, or his counsel, to raise the question by objection or motion in the trial court, and appeal from the court's ruling. Compare Hechter v. State,
Application denied, without costs.