Pritchard 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 denial of a writ of habeas corpus by Judge S. Ralph Warnken of the Supreme Bench of Baltimore City. The docket entries show that the petitioner pleaded guilty to an indictment for desertion on July 28, 1955, in the Criminal Court of Baltimore and was sentenced by Judge Manley to the Maryland House of Correction for eighteen months. The petitioner escaped from the Maryland House of Correction and was returned there on October 12, 1955, and given an additional sentence of six months.

Judge Warnken stated in his opinion in this case that the official papers in the office of the Clerk of the Criminal Court show that petitioner was charged with desertion and non-support in separate counts and that he pleaded guilty generally on July 28, 1955. Petitioner contends that on July 28, 1955, he pleaded not guilty to desertion and guilty to non-support. His contention that he was charged with both crimes substantiates Judge Warnken’s statement that he was charged with desertion and non-support in separate counts. If the petitioner did not plead guilty to desertion, ⁶⁶⁴ this could not be reviewed on habeas corpus.

Bowen v. Warden, 201 Md. 649 , 92 A. 2d 384 . This goes only to the regularity of the proceedings and not to the jurisdiction of the trial court and cannot be raised on habeas corpus. Selby v. Warden, 201 Md. 653 , 92 A. 2d 756 ; Bowen v. Warden, 202 Md. 646 , 96 A. 2d 489 ; Spence v. Warden, 204 Md. 661 , 103 A. 2d 345 ; Cummings v. Warden, 206 Md. 637 , 111 A.