Cullings v. Warden of Baltimore City Jail

Grason, J., delivered the opinion of the Court. This is an application for leave to appeal from the refusal of a writ of habeas corpus by Judge Moser, sitting in the Baltimore City Court. The applicant was tried and convicted in the Criminal Court of Baltimore. What the charges contained in the indictment, nor the judgment and sentence of the court was, are not in the record, but the applicant is now confined in the Baltimore City Jail as a result of that trial.

We assume that he was convicted of larceny. He charges that Baltimore City police officers unlawfully searched his home in Anne Arundel County and confiscated 785 gallons of paint; that he showed the officers a receipted bill for the paint, which they destroyed; and that the paint was turned over by the officers to the Pittsburgh Plate Glass Company. He charges this is a violation of his constitutional rights; that he was brought to trial with seven counts (in the indictment); that his counsel, the day before the trial, said that the States Attorney would accept a plea of guilty to two counts and drop the other counts, which he refused; that he asked his attorney to question Officer Schmidt while on the stand, concerning the illegal search and seizure, and his attorney replied, “not yet” but that after the applicant took the stand he would recall the officer; but when the applicant finished his testimony his attorney did not recall Officer Schmidt; that Judge France then “found me guilty on two counts” and remarked to the States Attorney that “they were the two counts he wanted me found guilty of”. He contends that his counsel and the