State Ex Rel. Eberle v. Warden of Maryland Penitentiary

PER CURIAM. This is an application for leave to appeal from refusal of a writ of habeas corpus. Petitioner was convicted of burglary by the Criminal Court of Baltimore on March 7, 1945, and was sentenced to serve 35 years in the Maryland Penitentiary. In February, 1948, Judge Sherbow, upon request of the First Assistant District Attorney in Philadelphia, ordered that petitioner- be taken under guard to Philadelphia to ⁷³³ stand trial on an indictment pending there and immediately after the trial, whether the verdict be guilty or not guilty, to be returned to the Maryland Penitentiary to complete serving the sentence of 35 years.

Petitioner alleges that he was taken from the Penitentiary and removed to Philadelphia on an illegal order and was deprived of his constitutional rights, because he was not taken before a judge of a court of record of the State of Maryland and informed of the crime with which he was charged before he was delivered to the officer of the demanding State, as required by the Extradition Act. Code 1939, art. 41, sec. 22. At a habeas corpus hearing before Judge France, petitioner testified that he pleaded guilty in Pennsylvania and was sentenced to a term of 25 to 50 years. In 1944 the Attorney General of Maryland, in a case where the State of Oklahoma requested that a prisoner serving a sentence in the Maryland