Smith v. Warden
Smith v. Warden
Opinion of the Court
The applicant, Eugene Quinton Smith, was tried in December, 1957, before two judges of the Circuit Court for Montgomery County, sitting without a jury, and was found guilty of murder in the first degree. In January, 1958, sentence of life imprisonment was imposed.
His second amended petition under the Uniform Post Con
We think the evidence amply supports a finding that Smith was informed of his right of appeal. Even if he had not been so informed, clearly there was no denial by the State of his right of appeal; and hence we find no basis for allowing a belated appeal. See Dorris v. Warden, 222 Md. 586, 158 A. 2d 105; Scott v. Warden, 223 Md. 667, 671, 164 A. 2d 270; Northington v. Warden, 221 Md. 586, 155 A. 2d 651.
Other grounds for relief alleged in the original petition or in the first amended petition were evidently abandoned when the second amended petition was filed. They presented no ground for Post Conviction relief. There is nothing to suggest that a copy of the trial transcript could be of any use to the applicant in his effort to obtain a belated appeal; and even if his request therefor had been pressed it would have been properly refused. Scott v. Warden, supra. See also Truesdale v. Warden, 221 Md. 617, 621, 157 A. 2d 281; Carroll v. Warden, 222 Md. 618, 159 A. 2d 851.
Application denied.
Reference
- Full Case Name
- SMITH v. WARDEN OF MARYLAND PENITENTIARY
- Status
- Published