Miller v. Warden of Maryland House of Correction

Delaplaine, J., delivered the opinion of the Court. Kenneth E. Miller has applied here for leave to appeal from the refusal of a writ of habeas corpus. Petitioner was tried in the Criminal Court of Baltimore in June, 1955, on charges of burglary and larceny. He was found guilty and was sentenced to the Maryland House of Correction for a term of two years, the term to date from April 29, 1955.

On January 23, 1956, he pleaded guilty in the Circuit Court for Anne Arundel County to the charge of having escaped from the House of Correction on October 12, 1955. The Court thereupon sentenced him to serve an additional term of six months to begin at the expiration of the two-year term. Petitioner claims that he did not escape from the House of Correction, but that the keeper at that institution opened a door to let him out. He claims that he had intended to plead not guilty and to ask the Court for trial by jury and an attorney to defend him; but that on the day before the trial a guard at the House of Correction advised him that “no counsel could help him,” and that he might “just as well plead guilty.” Petitioner did not allege any circumstances that required the appointment of an attorney.

He had an opportunity to ask for trial by jury and an