230 Md. 639 | Md. | 1963
delivered the opinion of the Court.
The applicant, Harrington, was convicted in the Circuit Court for Prince George’s County on a charge of robbery with a deadly weapon and was sentenced to twelve years’ imprisonment. He later sought a belated appeal, which was denied, and thereafter he sought Post Conviction relief. That was also denied after an apparently full hearing, and Harrington seeks leave to appeal.
His amended petition for relief stated the grounds therefor as follows: “that the State’s Attorney in this case knowingly and willfully knew that the testimony of Isaac Melvin Parker, Joseph Robert Smallwood and Dennis Stroy was false and said State’s Attorney participated in it and in getting it and that
The court’s order denying relief is almost in the words of the first section of the Post Conviction Procedure Act (Code (1962 Cum. Supp.), Art. 27, § 645A (a)). It states that the petition is “denied for the reasons that the sentence was not imposed in violation of the Constitution of the United States or the Constitution or laws of this State; that the Court had jurisdiction to impose the sentence; that the sentence does not exceed the maximum authorized by law; that the defendant was duly represented by counsel and that the alleged errors contained in the Petition for Post Conviction Relief are such that should and could have been raised at the trial or by an appeal.” Unfortunately, the order is not accompanied by any memorandum, such as is called for by our present Rule BK45 (b) (which was derived from § 645G of the Post Conviction Procedure Act, since repealed by § 1 of Ch. 36 of the Acts of 1962). That Rule states:
“The order shall include or be accompanied by a short memorandum of the grounds of the petition, the questions, including specifically the federal and State rights involved, and the reasons for the action taken thereon."
Reave to appeal granted and case remanded for the filing of a memorandum pursuant to Rule BK45 (b) and the return to this Court of the application and record, including such memorandum, for further consideration of the application.