Burley v. State

Appellant was convicted1, on December 6, 1960, by Judge Cullen in the Criminal Court of Baltimore, and sentenced to five years’ confinement. He appealed and this Court affirmed. Burley v. State, 226 Md. 94. On, or about, May 7, 1964, he filed a motion “to set aside the verdict and grant him a new trial,” on the ground of “newly discovered evidence.” Judge Cullen, after hearing the newly discovered evidence, denied the motion and the present appeal resulted.

Appellant contends that Maryland Rule 764 b grants revisory power over judgments entered in their courts to the trial judges in cases of…