Respondent does not contend in this case that petitioner should be required to exhaust his State remedies by presenting to the State Courts in a PCPA proceeding the points raised in this petition. In view of the decisions in Husk v. Warden, Md., 214 A.2d 139, and Hamm v. Warden, Md., 214 A.2d 141, and because of the importance of having the questions presented by this petition promptly decided, this Court will not require petitioner to exhaust his State remedies. Annotated Code of Maryland, 1957 edition, Article 27, sections 645A-645J.

The application of the Schowgurow doctrine to cases in the post conviction stage has already specifically been rejected in a number of instances. See Husk v. Warden, 240 Md. 353, 356 (1965) [larceny and conspiracy]; Hamm v. Warden, 240 Md. 725 (1965); Farrell v. Warden, 241 Md. 46 (1965) [rape-life imprisonment]; Sturgis v. Warden, 241 Md. 728 (1966); Thomas v. Warden, 241 Md. 730 (1966); Lokeman v. Warden, 242 Md. 721 (1966). While none of these cases involved a petitioner sentenced to death, we see no basis for establishing a special category of exceptions to the Schowgurow non-finality rule for cases in which the death penalty has been imposed.

Since the conviction of the applicant became final on February 4, 1965, upon the filing of the opinion on direct appeal in Waller v. State, 237 Md. 426, 206 A.2d 701 (1965), the last contention, like the other five, is also without merit. Moreover, since this post conviction proceeding is a collateral one, the filing of it did not have the effect of suspending the finality of the conviction for assault. Cf. Thomas v. Warden, 241 Md. 730, 217 A.2d 356 (1966); Sturgis v. Warden, 241 Md. 728, 217 A.2d 341 (1966); Hamm v. Warden, 240 Md. 725, 214 A.2d 141 (1965). Application denied.

Even if the contention of the applicant (submitted in a proffered amendment to the second application for leave to appeal after the transcript was received in this Court) that "his conviction and sentence is null and void because the indicting grand jurors [were] compelled to affirm a belief in God" was properly before us, it would be rejected because the judgments and sentences in this case became final long before the decision of this Court in Schowgurow v. State, 240 Md. 141. And it was held in Schowgurow that the holding therein was prospective only and would not be retrospectively applied. See Hamm v. Warden, 240 Md. 725; Hays v. State, 240 Md. 482. Application denied.