Simms v. Warden of Maryland Penitentiary

Applicant was tried and convicted on April 4, 1962, before Judge Carter on a charge of robbery with a deadly weapon and sentenced to twenty years in the penitentiary. He took no direct appeal. On September 10, 1963, a petition for post conviction relief was filed. From the lower court’s dismissal of that petition this application for leave to appeal was filed.

In his handwritten petition Simms alleged that his detention was illegal because he was (a) arrested without a warrant and (b) not represented by counsel at his preliminary hearing. He was represented by counsel at the hearing and was…