In re Jones

The opinion was rendered Per Curiam. The appellant, a prisoner detained on a criminal charge in the Wicomico County jail, has been denied a release after a hearing on a writ of habeas corpus directed to “John Doe, keeper of the county jail at Salisbury, Maryland,” the judge presiding, Judge Eli Frank, finding ²⁴² there was no such person as John Doe, keeper. What other facts, if any, were made to appear before Judge Frank, and whether he considered any other questions, is not stated. In a record prepared for the appeal to this court there is an uncertified statement that the appellant was arrested and held under a warrant upon a charge on which he had been convicted and sentenced previously, but released on a previous writ of habeas corpus.

Copies of warrants for the two arrests appear, and differ only in that the former is addressed to a police officer of the county, the latter to the county sheriff. On this record, the appellant contends he has been denied his constitutional rights under “XIV Amendment Article 5,” evidently the Fourteenth and Fifth Amendments to the Constitution of the United States, the first of which secured him against deprivation of liberty without due process of law, and the second against being twice put in jeopardy for the same offense. And it is also contended that there has been a violation of article 42, section 13 of the 1939 Code, which provides that, after delivery upon a writ of habeas corpus, no person shall afterwards be imprisoned for the same offense except by the order or process of a competent court. For authority for the