Roberts v. Warden of Maryland House of Correction

Collins, J., delivered the opinion of the Court. This is an application by David F. Roberts, Jr., for leave to appeal from the refusal of a writ of habeas corpus. Petitioner alleges that he was arrested on March 7, 1950, in Frederick County and charged with driving an automobile under the influence of liquor and on a revoked license. At his trial he was sentenced by the magistrate to two years for drunken driving and six months for driving under the revoked license.

The automobile, he says, hit a pole. In the car with him at the time were two other persons. All three got out of the car and ran. He was arrested and also one of his companions who was really operating the automobile.

This companion who was really the guilty party, although this fact was unknown to the police, was taken to Baltimore to face another charge. The police, the magistrate, and the State’s Attorney, conspired against petitioner. When petitioner’s trial was called, his witness was in the Baltimore City jail, so he asked that this witness be produced. The witness, who petitioner claims is really ⁶⁷⁸ the guilty person, was returned from Baltimore for the trial about two weeks later but the magistrate would not let this witness testify.

The guilty man, who did not testify, is now confined in the House of Correction on another charge. He claims that the commitments in these automobile cases are null and void because both have the same date, March 20, 1950, and do not