Bowen v. Warden of Maryland House of Correction

Hammond, J., delivered the opinion of the Court. This is an application for leave to appeal from a denial of the writ of habeas corpus by Judge E. Dale Adkins, of the First Circuit. The application was denied after a hearing. The petitioner made two prior applications for leave to appeal to this Court.

See Bowen v. Warden, 200 Md. 660 , 90 A. 2d 174 ; and Bowen v. Warden, 201 Md. 649 , 92 A. 2d 384 . This Court, in dismissing his last application, outlined the history of his case as follows: ⁶⁴⁷ “* * * Petitioner in 1950 was convicted in Anne Arundel County of breaking and entering and sentenced to five years in the House of Correction, sentence was suspended for five years during good behavior and petitioner was ‘paroled’. In 1951 petitioner was convicted of larceny in Baltimore County but not sentenced, and was in Anne Arundel County re-sentenced to five years in the House of Correction on violation of probation.” The docket entries of Baltimore County show that sentence was suspended generally. The petitioner now contends as follows: (1) that at the time of his trial in Anne Arundel County he entered a plea of not guilty, which the Court would not accept, and that the docket entries showing the plea of guilty are erroneous; (2) that he was denied the right to trial by jury, which he requested; (3) that counsel failed to defend his constitutional rights; (4) that he was denied his right to appeal from the Baltimore