Carter v. Warden of Maryland House of Correction

Bruñe, C. J.,

delivered the opinion of the Court.

Following an unsuccessful attempt to obtain his release on habeas corpus, Carter v. Warden, 216 Md. 654, 140 A. 2d 647, the applicant filed a petition for relief purportedly under the Post Conviction Procedure Act, which was denied by Judge Lawlor in the Circuit Court for Montgomery County on October 14th, 1958. The petition was not supported by affidavit, nor was any claim of indigency asserted until after the petition had been dismissed. Since the application for leave to appeal was filed, the applicant has been released from incarceration on…