Opinion
[H.C. No. 23, October Term, 1953.]
Decided February 10, 1954. Certiorari denied, 347 U.S. 978.
HABEAS CORPUS — Second Application on Same Grounds as Denied First Application — Also Denied. A second application for leave to appeal from a refusal of the writ of habeas corpus, relying only on grounds held unavailing on the previous application, will be denied. pp. 678-679
J.E.B.
Decided February 10, 1954.
Habeas corpus proceeding by Ronald Harris against the Warden of the Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before SOBELOFF, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
The petitioner was convicted in the Circuit Court for Prince George's County and sentenced to ten years for robbery and assault with intent to rob. He now contends in his application for leave to appeal from a denial of the writ of habeas corpus that he was deprived of his constitutional right to a speedy trial and further, of his right to exercise peremptory challenges in the selection of the jury. His claim of denial of a speedy trial was presented to this Court in his appeal from the judgment and sentence of the Circuit Court for Prince George's County and held to be without merit. Harris v. State, 194 Md. 288. Both contentions were made in a previous application for the writ, unsuccessful below, with leave to appeal denied here. Harris v. Warden, 199 Md. 685, certiorari denied, 344 U.S. 931, 96 L.Ed. 1340. See also Harris v. Swenson, 199 F.2d 269.
The present application relies only on grounds which previously have been held unavailing. It must be denied.
Application denied, with costs.