Roberts v. Warden of Maryland House of Correction

Horney, J., delivered the opinion of the Court. This is an application by Charles Henry Roberts for leave to appeal from the denial of a writ of habeas corpus by Raine, J., of the Circuit Court for Baltimore County. The petitioner on December 21, 1953, pleaded guilty in the People’s Court of Wicomico County (Trial Magistrate Larmore) of six violations of the motor vehicle and criminal laws: (i) making a false affidavit to an application for a motor vehicle license (Code [1951], Art. 66)4, § 109) ; (ii) failing to stop at the scene of an accident (Code [1951], Art. 66)4, § 163); and (iii) four charges of manslaughter by automobile (Code [1951], Art. 27, § 455), and was sentenced to fourteen years in the Maryland House of Correction and fined $5,500, constituting the maximum penalties for all of the charges under the statutes referred to. ⁶⁵⁹ The petitioner assigned twenty reasons why he should be granted the writ prayed for, twelve of which were argumentative statements of facts and irrelevant points of law. Of the twelve mentioned, three were made for the first time on this application.

He attacked the jurisdiction of the trial magistrate twice, and contended three times that the sentences were excessive and illegal. Tie asserted twice his lack of counsel to advise him and inform him of his rights. And he claims that his convictions were had without due process of law because he was not indicted and afforded a jury trial. Judge Raine properly ruled that the magistrate had jurisdiction.

Code (1951), Art. 52, § 13 (a), specifically provides that the several trial magistrates of this State (excluding those in Baltimore City) are vested with and shall have “jurisdiction to hear, try and determine all cases involving the charge of any offense, crime or misdemeanor, not punishable by confinement in the Penitentiary or involving a felonious intent, * * See also Code (1951), Art. 66J/2, Sec. 287. Moreover, § 13 (b) of Article 52 provides that, in the trial of all charges of any offense, crime, or misdemeanor,