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220 Md. 676

Ellis v. Warden

Court of Appeals of Maryland

Decided October 20, 1959

Court of Appeals of Maryland · decided 1959-10-20

Cited by 1 later decisions — most recently July 1960

1 state decisions

Relies on Ellis v. Warden of Maryland Penitentiary

Good law ✅— No negative treatment on recordhow we know

Decided 1959-10-20

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PER Curiam.

¶1The applicant, who seeks leave to appeal from the denial of post conviction relief by Judge Sodaro, is serving concurrent sentences of fifteen years for robbery with a deadly weapon and five years for larceny. He has sought relief in seven habeas corpus proceedings, the seventh being dealt with in Ellis v. Warden, 218 Md. 631, where his application for leave to appeal was denied.

¶2The applicant’s present contentions, with one exception, were all found by Judge Sodaro, correctly we think, to have been without merit. The one contention that was not dealt with below was that the sentence was excessive and unconstitutional. There is no merit in the contention as the sentence for robbery with a deadly weapon is within the maximum prescribed by the statute applicable at the time of the sentencing, now Code (1957), Art. 27, sec. 488.

¶3Application denied.

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