Kelly v. Warden of Maryland Penitentiary

On 12 August 1964 applicant was convicted, for the second time, of robbery with a deadly weapon. He was sentenced to twenty years in the Maryland Penitentiary. No appeal was taken from that conviction. The details of his first conviction will be found in Kelly v. Warden, Maryland Penitentiary, 230 F. Supp. 551 (D. Md. 1964); Kelly v. Warden, 229 Md. 642, 184 A. 2d 622 (1962).

On 26 October 1965, Kelly filed his present post conviction petition in which he raised three contentions, all of which were found to be without merit by Judge Cullen below. We also find them to be without merit.

Applicant…