GEE v. STATE

[No. 450, September Term, 1964.]

239 Md. 604 (1965)

212 A.2d 269

GEE v. STATE

Court of Appeals of Maryland.

Decided July 30, 1965.


Attorney(s) appearing for the Case

George L. Russell, Jr., with whom was Richard K. Jacobsen on the brief, for the appellant.

Jon F. Oster, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and William T.S. Bricker, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before PRESCOTT, C.J., and HORNEY, SYBERT, OPPENHEIMER and BARNES, JJ.


OPPENHEIMER, J., delivered the opinion of the Court.

In this petition for relief under the Post Conviction Procedure Act, the petitioner claims that his commitment to Patuxent Institution as a defective delinquent was illegal because his conviction of statutory burglary, the crime which made his commitment possible under the Defective Delinquency Act, was in violation of his constitutional rights and therefore of itself illegal.

The history of the prior proceedings...

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