Hopkins v. Warden of Maryland House of Correction

Corrins, J., delivered the opinion of the Court. This is an application for leave to appeal from the denial of .a writ of habeas corpus. Petitioner alleges that he was arrested on April 28, 1956, and charged with larceny of a watch and unauthorized use of an automobile. He was tried by the trial magistrate of Worcester County and found guilty and was sentenced to eleven months in each case in the Maryland House of Correction, the sentences to run concurrently, a total of twenty-two months on the two charges.

Petitioner makes no complaint as to his conviction for larceny and his petition here is based on the conviction for unauthorized use. He states that he told the trial magistrate that he wanted to appeal the verdict and asked to be released on bail pending hearing on appeal in the Circuit Court. He further states that the magistrate replied that he could not appeal at that time, he would have to appeal from the House of Correction. In Paff v. Warden, 200 Md. 660 , 90 A. 2d 173 , the petitioner, who was convicted of petty larceny by the trial magistrate at Frederick, Maryland, alleged that “he requested appeal and was refused”, and that at the Frederick jail he requested use of the telephone to call the magistrate “for an appeal” and also wrote a letter to the magistrate, but the jailer refused him permission to telephone and tore the letter to bits.

Judge Markell said in that case: “This contention cannot be