Opinion
[P.C. No. 93, September Term, 1959.]
Decided April 18, 1960.
POST CONVICTION PROCEDURE ACT — Evidence — Sufficiency Of. The alleged insufficiency of the evidence to convict is not a ground for post conviction relief. p. 618
POST CONVICTION PROCEDURE ACT — Transcript Of Testimony At Original Trial — Denial Of. A petitioner was not entitled to post conviction relief on the ground that he was not given a transcript of the testimony of his original trial, where he did not allege that he either requested such a transcript, or that he sought an appeal and was prevented from perfecting it as a result of being denied the transcript, or otherwise. p. 618
J.E.B.
Decided April 18, 1960.
George R. Carroll instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.
Application denied.
Before BRUNE, C.J., and HENDERSON, HAMMOND and HORNEY, JJ.
The petitioner's contentions deal mainly with the alleged insufficiency of the evidence to convict, which is not a ground for post conviction relief. Banks v. Warden, 221 Md. 592, 155 A.2d 697. Although he complains that he was not given a transcript of the testimony of his original trial, there is no allegation that he either requested such a transcript or that he sought an appeal and was prevented from perfecting it as a result of being denied the transcript, or otherwise. His application to the lower court shows no grounds for relief under the Post Conviction Procedure Act, and his application for leave to appeal is denied.
Application denied.