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PRESLEY v. STATE

No. 314, September Term, 1967.

6 Md. App. 419 (1969)

251 A.2d 622

JAMES LESLIE PRESLEY v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 26, 1969.

Attorney(s) appearing for the Case

G. Denmead LeViness and Thomas W. Jamison, III, for appellant.

Bernard L. Silbert, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, James A. Wise, State's Attorney for Caroline County, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Peter D. Ward and Howard L. Cardin, Assistant State's Attorneys for Baltimore City, on the brief, for appellee.

The cause was argued before ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

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

The appellant, James Leslie Presley, was first convicted of rape upon an eleven-year-old girl by a jury in the Criminal Court of Baltimore and sentenced to death in April 1960. The judgment of conviction was affirmed by the Court of Appeals of Maryland in Presley v. State, 224 Md. 550. Thereafter, Presley was granted a new trial as a result of habeas corpus proceedings filed in...

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