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234 Md. 627

199 A.2d 228

Docket [App. No. 124, September Term, 1963.]

Shefton v. Warden

SHEFTON v. WARDEN OF THE MARYLAND PENITENTIARY

Court of Appeals of Maryland

Decided April 9, 1964.

Court of Appeals of Maryland · decided 1964-04-09

Cited by 6 later decisions — most recently November 1965

6 state decisions

Relies on Dailey v. State · Young v. Warden of the Maryland Penitentiary

Good law ✅— No negative treatment on recordhow we know

Decided 1964-04-09

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¶1Before BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.

¶2PER CURIAM:

¶3On August 8, 1963, the applicant filed a petition for post conviction relief, alleging: (1) he was arrested without a warrant; (2) he was held incommunicado; (3) he was denied the right to hire an attorney after his arrest; (4) he was arraigned without counsel; and (5) he was improperly identified. An amended petition was later filed alleging as an additional ground for relief that (6) his plea of guilty was induced by his having made a confession involuntarily as a result of threats and coercion by police officers.

¶4For the reasons assigned by the lower court, the application *628 for leave to appeal will be denied as to contentions (2) through (6). As to contention (1), the mere fact that an arrest was illegal affords no ground for post conviction relief, though an illegal arrest plus something obtained through it may afford such ground. Here there is no allegation of any product of the illegal arrest. Young v. Warden,233 Md. 596, 195 A.2d 713; Dailey v. State,234 Md. 325, 199 A.2d 211.

¶5Application denied.

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