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232 Md. 632

192 A.2d 785

Docket [App. No. 4, September Term, 1963 (Adv.).]

Williams v. Director

WILLIAMS v. DIRECTOR OF PATUXENT INSTITUTION

Court of Appeals of Maryland

Decided July 15, 1963.

Court of Appeals of Maryland · decided 1963-07-15

Cited by 8 later decisions — most recently November 1975

8 state decisions

Relies on Eggleston v. State · Simmons v. Director of Patuxent Institution · McDonough v. Director of Patuxent Institution

Good law ✅— No negative treatment on recordhow we know

Decided 1963-07-15

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¶1Before the full Court.

¶2PER CURIAM:

¶3In this application for leave to appeal a finding by the Criminal Court of Baltimore that he was a defective delinquent within the meaning of Code (1957), Art. 31B, Sec. 5, the applicant, Lester E. Williams, alleges that: (1) the defective delinquent statute, Code (1957), Art. 31B, is "arbitrary and oppressive," "an attempt to subvert the United States Constitution" and an ex post facto law, and therefore unconstitutional; (2) he was placed in double jeopardy by the finding of defective delinquency; and (3) he does not fit the description of a defective delinquent.

¶4The first two contentions both were raised and rejected in McDonough v. Director,229 Md. 626; Simmons v. Director,227 Md. 661; and Eggleston v. State,209 Md. 504.

¶5The answer to the third contention is that the staff of the *633 Patuxent Institution and an independent psychiatrist of applicant's own choice (appointed in accordance with Code (1957), Art. 31B, Sec. 7 (b)), found the applicant to be a defective delinquent under the statutory tests.

¶6Application denied.

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