Presley v. Warden of Maryland Penitentiary

This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Cullen of the Supreme Bench of Baltimore City. The petitioner was convicted in the Criminal Court of Baltimore in May, 1952, of larceny, and was sentenced to the Maryland Penitentiary for five years.

Petitioner bases his right to relief upon three contentions: that there was an illegal search, seizure and arrest; that the police used force and threats to gain incriminating statements from him; and that he was denied counsel.

This Court has repeatedly stated that the legality of a search and seizure may…