Ralph v. Warden, 230 Md. 616 [ 185 A.2d 366]. Also in Jordan v. State, 221 Md. 134 [ 156 A.2d 453], in commenting on Jackson v. Warden, 218 Md. 652 [ 146 A.2d 438]. The court said, 'the Jackson case, therefore, is direct authority for the proposition that failure to raise a contention on appeal from judgment and sentence constitutes a waiver which keeps the complaint from having the point considered in the post conviction procedure case'.

Even if this be so, it is abundantly clear that he waived any such contention as the result of the remarks made by his own privately-employed lawyer and in his presence in an effort to obtain a lighter sentence than the one he received. Jackson v. Warden, 218 Md. 652 [ 146 A.2d 438] (Cert. den. 359 U.S. 917 [ 79 S.Ct. 598, 3 L.Ed.2d 580]); Jordan v. State, 221 Md. 134 [ 156 A.2d 453].

This contention lacks merit for three reasons: (1) the failure of the defendant to present this point to the Court of Appeals in the third appeal constitutes a waiver thereof. Jackson v. Warden of Maryland House of Correction, 218 Md. 652 [ 146 A.2d 438]; (2) there has been no showing of any abuse of discretion, Williams et al. v. State, 226 Md. 614, 174 A.2d 719; and (3) no request was made at the time for a removal from the Eastern Shore of Maryland. A further reason is that having removed the case once, the defendant did not have a right to request a second removal.

In People v. Gonzales, 187 Cal.App.2d 769, 10 Cal.Rptr. 12 (Dist. Ct. App., 3rd Dist. 1960); Ferguson v. State, 90 Fla. 105, 105 So. 840 (1925); Penn v. State, 62 Miss. 450 (1884); and State v. Adams, 68 S.C. 421, 47 S.E. 676 (1904), no request for an instruction was made on behalf of counsel for the accused and the courts refused to review omissions to instruct the jury as to the right to limit the sentence or to find the accused guilty of a lesser included offense. In Canter v. State, 220 Md. 615, 617, 155 A.2d 498 (1959), Judge Henderson pointed out for this Court that "[w]e have repeatedly held that even constitutional rights may be waived in the course of a trial," citing Jordan v. State, 219 Md. 36, 43, 148 A.2d 292, cert. denied, 361 U.S. 849 (1959); Reynolds v. State, 219 Md. 319, 324, 149 A.2d 774 (1959), distinguishing Wolfe v. State, 218 Md. 449, 146 A.2d 856 (1958); Jackson v. Warden, 218 Md. 652, 655, 146 A.2d 438 (1958), cert. denied, 359 U.S. 917 (1959); Briley v. State, 212 Md. 445, 448, 129 A.2d 689 (1957); Schanker v. State, 208 Md. 15, 21, 116 A.2d 363 (1955); and Heath v. State, 198 Md. 455, 464, 85 A.2d 43 (1951). To this list could be added Giles v. State, 229 Md. 370, 387, 183 A.2d 359 (1962), appeal dismissed, 372 U.S. 767 (1963), and Lenoir v. State, 197 Md. 495, 80 A.2d 3 (1951).

We have repeatedly held that even constitutional rights may be waived in the course of a trial. Jordan v. State, 219 Md. 36, 43; Reynolds v. State, 219 Md. 319, 324, (distinguishing Wolfe v. State, 218 Md. 449); Jackson v. Warden, 218 Md. 652, 655; Briley v. State, 212 Md. 445, 448; Schanker v. State, 208 Md. 15, 21; Heath v. State, 198 Md. 455, 464. See also Beard v. State, 216 Md. 302, 312.

Even a claim that a statute under which the defendant was convicted is unconstitutional cannot be raised after conviction, if there was a clear, unequivocal waiver of the contention. Jackson v. Warden, 218 Md. 652, 655-56, 146 A.2d 438 (1958); Martin v. State, 203 Md. 66, 77-78, 98 A.2d 8 (1953). There is no waiver, however, unless a known right is clearly and intentionally renounced.

In that case we stated that "failure to appeal is a right which the petitioner could, and did, waive. Jackson v. Warden, 218 Md. 652, 146 A.2d 438." But assuming that subsequent decisions by this and federal courts have limited the thrust of waiver, petitioner's contention is without substantive merit because as stated by Judge Horney, speaking for the Court in Gleaton v. State, 235 Md. 271, 277, 201 A.2d 353:

We have consistently held that a defendant in a criminal proceeding may waive even a constitutional provision which applies in his favor. Matters which we have held to have been waived include the questioning of prospective jurors on voir dire, Lenoir v. State, 197 Md. 495, 80 A.2d 3 (1951); the constitutionality of the statute under which the defendant was tried, Martin v. State, 203 Md. 66, 98 A.2d 8 (1953); specific findings by the jury of convictions of prior offenses in a narcotics case, Beard v. State, 216 Md. 302, 140 A.2d 672 (1958); the right to a free transcript of the trial for use in appeal, Jackson v. Warden, 218 Md. 652, 146 A.2d 438 (1958); the right to a separate trial, Young v. State, 228 Md. 173, 179 A.2d 340 (1962); the voluntariness of a confession, Prescoe v. State, 231 Md. 486, 191 A.2d 226 (1963) and Fisher v. State, 233 Md. 48, 194 A.2d 824 (1963); the right to a speedy trial, Keyes v. State, 236 Md. 74, 202 A.2d 582 (1964); and the right to court-appointed counsel, Palacorolle v. State, 239 Md. 416, 211 A.2d 828 (1965). In Williams v. Warden, 240 Md. 205, 213 A.2d 579 (1965), we held that the systematic exclusion of Negroes from the array of jurors could be waived.

Appellant contends for the first time in this appeal that his arrest was illegal, and therefore, his written statement taken thereafter, should not have been admitted against him. The point was not raised in the trial court; hence it is not before us for decision. Maryland Rule 885; Hamilton v. State, 225 Md. 302, 170 A.2d 192; Kirby v. State, 222 Md. 421, 425, 160 A.2d 786. Even constitutional rights, under certain circumstances, may be waived if State procedural rules are not complied with. Kirschgessner v. State, 174 Md. 195, 198 A. 271; Kirby v. State. supra; Jackson v. Warden, 218 Md. 652, 146 A.2d 438. (We do not intimate, however, that any constitutional rights were, in fact, waived in the instant case.) Fisher testified that he did not sign the statement; the police testified he did, and further that it was freely and voluntarily made.

We have been referred to no case, and we have found none, where, in the absence of a motion for severance or separate trial, a conviction has been reversed. Even constitutional rights may be waived, and in the absence of a reservation of the point in the trial court, it is not before us on appeal. Cf. Jackson v. Warden, 218 Md. 652, and Martel v. State, 221 Md. 294. Moreover, in Day v. State, supra, it was shown at the time of the motion that defendant's defenses were hostile and that the State had conflicting statements in its possession that would be distinctly harmful if offered in a joint trial. There was no such showing in the instant case, and there is no claim that the State withheld any information as to the statements in its possession, as in Brady v. State, 226 Md. 422, 427.