State Ex Rel. Butler v. Warden of Maryland Penitentiary

Henderson, J., delivered the opinion of the Court. This is an application for leave to appeal from a refusal of a writ of habeas corpus. The petitioner alleges that he was tried and convicted on February 1, 1949 in the Circuit Court for Cecil County on a charge of attempted rape, and sentenced to twenty years. He alleges that he was never presented or indicted by the Grand Jury, but was tried upon information filed by the State’s Attorney, in violation of a constitutional right.

His application was denied by Judge France on the ground that the identical allegations had been previously considered by other judges. There is no provision of the Maryland Constitution requiring an indictment in any case. Article 21 of the Declaration of Rights merely requires that an accused “hath a right to be informed of the accusation against him; to have a copy of the Indictment, or Charge in due time (if required) to prepare for his defense.” The Fifth Amendment to the Federal Constitution applies only to trials in the Federal courts. Eilenbecker v. ⁷¹⁵ District Court, 134 U. S. 31 , 10 S. Ct. 424 , 33 L. Ed. 801 ; Betts v. Brady, 316 U. S. 455, 461 , 62 S. Ct. 455 , 86 L. Ed. 1595 .

Section 637, Article 27 of the Code (1947 Supplement), as amended by Chapter 788, Acts of 1945, provides that an accused may by petition and suggestion, signed