From Casetext: Smarter Legal Research

Childress v. Director

Court of Appeals of Maryland
Dec 7, 1964
205 A.2d 294 (Md. 1964)

Opinion

[App. No. 63, September Term, 1964.]

Decided December 7, 1964.

DEFECTIVE DELINQUENTS — Evidence Held Legally Sufficient For Determination Of Defective Delinquency — Claim That Court Was Erroneously Informed That Last Conviction Was For Burglary, When, In Fact, It Was For Breaking And Stealing — Any Error Immaterial And Not Prejudicial, Since Crime For Which Applicant Was Convicted Met Prerequisites Of Statute. pp. 656-657

Decided December 7, 1964.

From a finding that he was a defective delinquent, Stanley J. Childress applied for leave to appeal.

Application denied.

Before the entire Court.


In this application for leave to appeal from a determination of defective delinquency, the applicant's contention that the evidence was legally insufficient is without merit. He further contends that the court was erroneously informed that his last conviction had been for burglary. In fact, the conviction was for breaking into a shop and stealing goods worth $5.00 or more under Code (1964 Supp.), Art. 27, § 33, creating a penitentiary misdemeanor. The error, if it can be deemed an error, was quite immaterial and not prejudicial, since the crime for which he was convicted met the prerequisites of the statute. Code (1957), Art. 31B, § 6(a)(2). He also had a long record of prior convictions. See Gee v. Director, 231 Md. 610, 611. His contention that he should have been convicted of "petty larceny" is beside the point. See Hammond v. Director, 229 Md. 643, 644.

Application denied.


Summaries of

Childress v. Director

Court of Appeals of Maryland
Dec 7, 1964
205 A.2d 294 (Md. 1964)
Case details for

Childress v. Director

Case Details

Full title:CHILDRESS v . DIRECTOR OF PATUXENT INSTITUTION

Court:Court of Appeals of Maryland

Date published: Dec 7, 1964

Citations

205 A.2d 294 (Md. 1964)
205 A.2d 294