State v. Barger

Marbury and Barnes, JJ.,

dissent.

Barnes, J., filed the following dissenting opinion.

I dissent in this case because in my opinion the majority of the Court has made an unwarranted and untimely departure from the legal principle enunciated by the Court in Hobbs v. State, 231 Md. 533, 191 A. 2d 238 (1963), cert. den., 375 U. S. 914, 84 S. Ct. 212, 11 L. Ed. 2d 153 (1963).

In Hobbs, the federal courts had held that because the defen*629dant in that criminal case, who had pleaded guilty to three charges of armed robbery with a deadly weapon, was not represented by counsel in the original trial, that…