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Leek v. Warden of Maryland Penitentiary

Decided: February 18, 1964.

LEEK
v.
WARDEN OF MARYLAND PENITENTIARY



William E. Leek instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

The entire Court. Hammond, J., delivered the opinion of the Court.

Hammond

On February 1, 1962, William E. Leek was convicted of rape but acquitted of perverted practice by a jury in the Criminal Court of Baltimore. He took an appeal and the judgment was affirmed. Leek v. State, 229 Md. 526. Now he has applied for leave to appeal from the denial of post conviction relief by Judge Allen.

In his petition filed in the Criminal Court of Baltimore on December 31, 1962, Leek listed the following grounds for relief:

1 -- there was no evidence before the trial magistrate to establish a prima facie case

2 -- the State's examining physician did not appear before the magistrate or the grand jury

3 -- the trial court did not have jurisdiction to try the case

4 -- evidence was insufficient to convict

5 -- the corpus delicti was not proven by the State

6 -- his conviction was based on perjured testimony

7 -- the State suppressed evidence

8 -- he was denied the right to testify in ...


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