Azulay v. Warden of Maryland Penitentiary

Couuins, J., delivered the opinion of the Court. This is an application by John Azulay for leave to appeal from the denial of a writ of habeas corpus. Petitioner was found guilty of receiving stolen goods in the Criminal Court of Baltimore and sentenced on November 29, 1956, to two years in the Maryland Penitentiary. He was represented by counsel employed by him.

Petitioner contends that he was illegally arrested and held without charges being placed against him. This cannot be reviewed on habeas corpus. He cannot escape punishment for that reason after he has been lawfully indicted, tried and convicted. Haynie v. Warden, 210 Md. 668 , 124 A. 2d 285 , and cases there cited; Price v. Warden, 212 Md. 661 , 129 A. 2d 120 .

Petitioner further claims that he was indicted for larceny and found guilty of receiving stolen goods. The record in this case shows that petitioner was indicted in two counts, in the first for larceny and in the second for receiving stolen goods. He was found not guilty on the first count and guilty on the second count. This contention therefore has no validity.

Petitioner further contends that, because he was indicted for both larceny and receiving stolen goods, he was subjected to double jeopardy. This does not constitute double jeopardy and, even if it did, it cannot be raised on habeas corpus. Hicks v. Warden, 213 Md. 625 , 130 A. 2d 761 , and cases there cited. Petitioner claims