Opinion
[App. No. 20, September Term, 1962.]
Decided October 9, 1962.
DEFECTIVE DELINQUENTS — No Finding Below As To Whether Or Not Applicant Was A Defective Delinquent — Case Remanded For Determination Of This Question As Of Time Of Hearing. p. 638
J.E.B.
Decided October 9, 1962.
From an order recommitting him to the Patuxent Institution for further study and treatment, Wilfred C. Simmons applied for leave to appeal.
Application granted, and petition remanded for further proceedings.
Before the full Court.
In this application for leave to appeal from the order of the lower court recommitting the applicant to the Patuxent Institution for further study and treatment without making a finding as to whether or not he was a defective delinquent, the record shows that the court, because it could not decide which of the expert witnesses was right as to whether or not the applicant "should be released into society," declined to make a determination of the only issue presented. This proceeding must therefore be remanded for further proceedings to the end that the lower court may decide whether or not the applicant was a defective delinquent at the time of the hearing.
Application for leave to appeal granted and petition remanded for further proceedings.