Northington v. Warden of Maryland Penitentiary

In this application for leave to appeal from denial of a petition for relief under the Post Conviction Procedure Act, the applicant contends: (1) That there was insufficient evidence to convict of statutory rape, (2) that the testimony of the girl was contradictory and vague, (3) that he was not advised of his right to appeal, and (4) that the girl and her mother testified falsely. As to (1) and (2) we have repeatedly held that the sufficiency or weight of evidence cannot be raised in such a proceeding as this. As to (3), the applicant was represented by counsel, and it is clear that failure…