Austin v. Director of Patuxent Institution

The question presented by this appeal — whether or not the lower court had power and authority to grant a new trial at the request of the State after the jury had found and determined that the defendant was not a defective delinquent — is one of first impression.

At a trial on January 7, 1964, in the Circuit Court for Cecil County (Keating, J.) sitting without a jury, on charges of assault with intent to rape and simple assault, Charles A. Austin was found guilty of the lesser charge and was sentenced to ten years in the Maryland Penitentiary, dating from August 16, 1961.

Subsequently, the…