Agner v. Warden of Maryland House of Correction

Collins, J., delivered the opinion of the Court. This is an application by Billy S. Agner for leave to appeal from the denial of a writ of habeas corpus by Judge John B. Gontrum, of the Circuit Court for Baltimore County. The petitioner was tried and convicted in the Circuit Court for Washington County for forgery and sentenced to three years in the Maryland House of Correction. Attached to the record are docket entries which show that he was indicted on May 13,1953; tried-and convicted on a guilty plea on May 21, 1953; and was sentenced on ⁶⁶⁷ June 3, 1953.

He complains first that the delay of two weeks between the day of his conviction and the passing of sentence constitutes cruel and unusual punishment. Under the provisions of Code, 1951, Article 27, Section 51, the punishment for forgery is not less than one nor more than ten years. If the two weeks which petitioner spent in jail are added to the sentence of three years, the total time does not exceed the maximum for the offense. Baldwin v. Warden, 201 Md. 657 , 92 A. 2d 739 .

There is no law in this State requiring that a sentence shall date from the day the verdict is given. Baldwin v. Warden, supra. The Court of Appeals generally has no right to determine the penalty within