Ford v. Warden of Maryland Penitentiary

Hammond, J., delivered the opinion of the Court. Applicant for leave to appeal from a denial of a writ of habeas corpus by Judge Smith of the Circuit Court for Baltimore County was tried on the charge of larceny of an automobile, convicted of its unauthorized use, and on May 3, 1957, sentenced to not more than three years in the Maryland Penitentiary. The various contentions of applicant follow: (1) that before trial he was held incommunicado by Baltimore City police and was not permitted benefit of counsel; (2) that his court-appointed attorney did him “a great deal of harm”; (3) that the Criminal Court of Baltimore lacked jurisdiction to try him, inasmuch as he was outside the State of Maryland when apprehended; (4) that the trial judge showed prejudice against him; (5) that he was unconstitutionally denied a new trial; (6) that the indictment was defective; and (7) that the evidence was insufficient to convict him. Applicant’s allegation that he was held incommunicado without benefit of counsel will not avail him.

The record shows that he was represented at trial by court-appointed counsel, and it fails to indicate that he was deprived of any constitutional rights or that he claimed at the trial that he was. Lucas v. Warden, 209 Md. 645, 646 . Ford’s complaint that his attorney caused him great harm, standing alone, likewise will not support a writ of habeas ⁶⁵² corpus. He does not allege bad faith, fraud or collusion by his counsel with any State