Obenstine v. Warden of Maryland House of Correction

Delaplaine, J., delivered the opinion of the Court. This is an application for leave to appeal from the refusal of a writ of habeas corpus. Petitioner was tried in the Circuit Court for Baltimore County in April, 1948, on an information containing two counts, each of which charged false pretenses. Code 1939, art. 27, sec. 150; Code Supp. 1947, art. 27, sec. 152.

He was found guilty and was sentenced to the Maryland House of Correction for the term of five years. Petitioner alleges that the trial Court lacked jurisdiction because the prosecution was based upon a criminal information instead of indictment. The Baltimore County Code, title 26, sec. 391, authorizes the prosecution of misdemeanors upon the order of the Court on information filed by the State’s Attorney. As the charges against petitioner were misdemeanors, the Court had jurisdiction on criminal information.

Petitioner alleges that he was deprived of the right of appeal to the Court of Appeals due to the fact that his attorney failed to follow his instructions. There is no allegation that he made any such complaint to the trial Court, or that he expressed any dissatisfaction with ⁶⁵⁰ the services of his lawyer. Edmondson v. Wright, 193 Md. 710 , 66 A. 2d 386 . Petitioner alleges that he was denied the right to have witnesses present at his trial.

He does not allege that summonses were