Opinion
[P.C. No. 71, September Term, 1959.]
Decided January 19, 1960.
POST CONVICTION PROCEDURE ACT — Belated Appeal — Case Remanded So That Petitioner Could Amend Petition And Present Question As To. Where the petitioner in a post conviction proceeding raised below a question not referred to in his petition, as to whether he was entitled to a belated appeal, upon which question the court below did not pass, and a letter referred to below with respect to this matter was not produced, although it was later found among the court records, this Court granted the petitioner leave to appeal, remanded the case to the court below for consideration and granted leave to amend the petition so as to present this question. p. 617
J.E.B. Decided January 19, 1960.
Hollis Hines instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.
Application granted, and case remanded to the Criminal Court of Baltimore.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
It appearing that at the hearing below a question not referred to in the petition was raised as to whether or not the applicant was entitled to a belated appeal, that this question was not passed upon by the trial court and that a letter there referred to in connection with this matter was not produced, though it was later found among the records of the trial court, it is ORDERED this 19th day of January, 1960, that leave to appeal be and it is hereby granted and the case is remanded to the Criminal Court of Baltimore for consideration, and leave is granted to the applicant to amend his petition so as to present said question, without prejudice to further consideration by this Court of other questions presented by his application for leave to appeal, if said application should be renewed.