Forrester v. Warden of Maryland House of Correction

Collins, 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 Emory H. Niles, sitting in the Baltimore City Court. Petitioner has made five other applications for the writ, one to Judge W. Laird Henry, Jr., one to Judge George Henderson, two to Judge Pátrick M. Schnauffer, and one to Judge Joseph R. Byrnes. ⁶²³ Petitioner was convicted of burglary and sentenced by Judge Warnken in the Criminal Court of Baltimore City on February 2, 1951, to five years in the Maryland House of Correction, said sentence to run from February 8, 1951. He was paroled on June 4, 1953, and after being on parole for 181 days he was returned to the Maryland House of Correction on December 2, 1953, for violation of parole.

His only contention here is that he is being illegally detained, as he was not given credit for the 181 days he was on parole, time spent in the community. Chapter 625, Section 91H, Acts of 1953, Code, 1954 Supplement, Article 41, Section 91H, provides: “REVOCATION OF PAROLE: EFFECT. Whenever a prisoner released on parole is retaken, he shall, at the next meeting of the Board of Parole and Probation at the institution designated for the return of the parolee, be given an opportunity to appear before the Board or a member thereof. The Board may then or within a