Rexroad v. Warden of Maryland House of Correction

Collins, J., delivered the opinion of the Court. This is an appeal by James Rexroad, appellant here, from the refusal of Judge Robert France, sitting in the Baltimore City Court, to grant him a writ of habeas corpus. The grounds given by the appellant are as follows: “I, James Rexroad, was tried in Cumberland, Allegany County, for non-support on a warrant sworn out by my wife, who was insane, at which time now she is confined in a mental institution. Also, at the time I was arrested, my wife was living with someone else and my mother was taking care of our children with my support.” The record in this case shows that on December 13, 1944, he was tried before the Juvenile Magistrate in Allegany County on the charge of non-support of his wife and three minor children.

A jury trial was waived. He pleaded not guilty, was found guilty and sentenced to eighteen months in the Maryland House of Correction. This sentence was suspended upon the condition that he stop drinking, work regularly and give his wife $5 a week. On December 16, 1944, the parole was stricken out by the Juvenile Magistrate and an appeal noted to the Circuit Court of Allegany County.

That Court, on December 26, 1944, placed the appellant on parole at the request of his wife and ordered him to go to work and support his family. On March 23, 1946, a warrant was issued charging the appellant with causing, encouraging, or contributing toward the delinquency or dependency of his three minor children. Acts of 1945, Chapter 976, Sections 370 (11) and 374. A jury trial was waived.

A trial was held before the Magistrate for Juvenile Causes on March 28,