Opinion
No. 20, September Term, 1967.
Decided November 15, 1967.
APPEAL — Waiver Of Allegations Not Raised Below. Where appellant's contention as to the inadequacy of his court-appointed counsel had not been raised below, it was not properly before the Court of Special Appeals on appeal. Rule 1085. p. 415
Decided November 15, 1967.
Appeal from the Criminal Court of Baltimore (PERROTT, J.).
Daniel Jordan was convicted in a non-jury trial of murder in the second degree, and, from the judgment entered below, he appeals.
Affirmed.
The cause was submitted to MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.
Kenneth E. Lee for appellant.
Jon F. Oster, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Charles E. Moylan, Jr., State's Attorney for Baltimore City, on the brief, for appellee.
Daniel Jordan was convicted of murder in the second degree in the Criminal Court of Baltimore, before Judge James A. Perrott sitting without a jury. Jordan, now, complains that he was deprived of due process of law under the Fourteenth Amendment of the Constitution of the United States because of inadequate court appointed counsel. This question was not raised below; therefore, it is not properly before this court, Maryland Rule 1085. We have repeatedly invoked this Rule in similar cases because, among other reasons, counsel has had no opportunity to defend himself.
Judgment affirmed.