Canter v. Warden of Maryland House of Correction

Collins, J., delivered the opinion of the Court. This is an application by James Joseph Canter for leave to appeal from the denial of a writ of habeas corpus, after a hearing on said application by Chief Judge Stedman Prescott of the Circuit Court for Montgomery County on August 14, 1956. Petitioner claims that he was tried and convicted of attempted ^escape by Judge Charles Marbury of the Circuit Court for Prince George’s County on April 17, 1956, and sentenced to one year in the Maryland House of Correction from April 19, 1956. He also says that he was tried on an information for unauthorized use of a motor vehicle to which he pleaded guilty on April 23, 1956, and was sentenced by Judge Fletcher of the Circuit Court for Prince George’s County to one year from April 19, 1956, in the Maryland House of Correction.

The record before us shows that sentence was deferred by Judge Marbury and that he was later sentenced to two years from April 19, 1956, for unauthorized use of an automobile and for attempted escape. As to the trial before Judge Marbury, petitioner contends that he told his attorney that he wanted a jury trial. When his case was called for trial, a jury was empaneled. He protested to his attorney that he wanted a jury trial and was told that the jury had been dismissed and that he would have to be tried before the court.

A claim of denial of a jury trial cannot be raised on habeas corpus. It can be raised on appeal. Wilson v. Warden, 198