POST CONVICTION PROCEDURE ACT — Evidence, Sufficiency Of — Indictment, Form Of. Neither the sufficiency of the evidence, nor the form of the indictment, can be raised under post conviction procedure. p. 610
POST CONVICTION PROCEDURE ACT — Grounds Not Raised Below May Not Be Raised For First Time On Application For Leave To Appeal. Grounds which were not raised in the post conviction proceeding in the court below may not be raised for the first time on an application for leave to appeal. Code (1959 Cum. Supp.), Art. 27, sec. 645H. pp. 610-611
J.E.B.
Decided December 22, 1959.
PER CURIAM.
For the reasons set forth in the opinion of Judge Digges in the court below, this application for leave to appeal under the Uniform Post Conviction Procedure Act is denied. The applicant raised nine points of contention below, all of which go to the sufficiency of the evidence or the form of the indictment and cannot be raised under post conviction procedure. Whitley v. Warden, 209 Md. 629; Medley v. Warden, 207 Md. 634, 636. Grounds which were not raised in the proceeding in the court below may not be raised for the first time on appeal. Code (1959 Cum. Supp.), Art. 27, § 645H; Shifflett v. Warden, 220 Md. 667, 155 A.2d 68; Culley v. Warden, 220 Md. 687, 154 A.2d 813.
Application denied.