The full Court. Hammond, J., delivered the opinion of the Court.
In October 1957 John Austin Young, the applicant for leave to appeal, was convicted of robbery with a deadly weapon in the Criminal Court of Baltimore. He did not appeal his conviction, but in 1957 and, subsequently, in 1958 filed applications for writs of habeas corpus in the Circuit Court for Baltimore County, both of which were denied. He applied to this Court for leave to appeal the denial of the latter petition, and we refused his application. Young v. Warden, 218 Md. 636. On March 6, 1959, Young filed a petition under the Uniform Post Conviction Procedure Act, which was denied by Judge Oppenheimer, sitting in the Criminal Court of Baltimore.
Thereafter, the applicant, according to a nineteen-page document written to support his application for leave to appeal from the denial of his latest petition under the Post Conviction Procedure Act, "filed Habeas Corpus Proceedings in the District Court of Maryland * * * and was instructed by Honorable Judge Thomsen to follow this proceeding: 'Under these circumstances, this Court concludes that before it takes any further action on the pending petition, petitioner should be required to file a new petition in the State Courts under the UPCPA raising the search and seizure point. The State Courts will then have an opportunity to consider both the retroactivity question and the waiver question in the light of the Fourth Circuit decision in Hall v. Warden and whatever action the Supreme Court may take on the writ of Certiorari which is being requested. The present petition for writ of habeas corpus will be denied at this time, without prejudice to petitioner's right to file another petition herein later.'"
Following Judge Thomsen's suggestions, Young filed his petition in the Criminal Court of Baltimore on February 15, 1963, alleging that:
(i) he did not receive equal protection of the law because he was sentenced to twenty years and his accomplice only received ten years for two charges of armed robbery
(ii) no probable cause existed for his arrest
(iii) he was convicted on the testimony of an accomplice, corroborated only by evidence which was the subject of an illegal seizure
(iv) evidence obtained by the police by means of an illegal search and seizure several months before he was arrested was used against him at trial
Judge Cullen, in a memorandum filed June 24, 1963, denied the petition, stating that as to Young's first contention (which applicant supports, in part, with a poem by William Cowper) "within the limits defined by Article 27 of the Annotated Code of Maryland, a Judge, in the exercise of his discretion, may impose sentence as he sees fit." In addition, Sec. 645H of the Uniform Post Conviction Procedure Act, Code (1957 Cum. Supp.), Sec. 645A-J, provides that grounds for relief must be raised in an original or amended petition "and any grounds not so raised are waived" unless they could not have reasonably been raised in the original petition. Young was sentenced in 1957 and his accomplice, Joseph Ryles, quoting from the dissertation applicant filed in this Court along with his application for leave to appeal, "had been convicted for two charges of armed robbery in April, 1957 yet he was held approximately six (6) months after he was found guilty and after new trial was denied before he was sentenced * * *." There is no doubt that this claimed ground for relief could have been raised in Young's first petition and, since it was not, it has been waived. Smallwood v. Warden, 231 Md. 652.
Young's second allegation, that he was illegally arrested, has no merit because he does not allege that there was evidence seized at the time of his arrest, as a result thereof, which was used against him at the trial. Bailey v. Warden, 231 Md. 626.
In addition, the claim could have been raised in his petition of March 6, 1959. (Judge Cullen dismissed this allegation on the ground that it relates to the weight and sufficiency of the evidence and, therefore, may not be availed of as a ground for ...