State Ex Rel. Harris v. Warden of Maryland Penitentiary

⁷⁰³ Grason, J., delivered the opinion of the Court. This is an application for leave to appeal from the refusal of a writ of habeas corpus. The petitioner was convicted in the Criminal Court of Baltimore City by Judge Tucker, on September 26, 1949, of receiving stolen goods, and sentenced to a term of four years in the Maryland Penitentiary, dated from May 15, 1949. The docket entries of the Baltimore City court disclose that between the date of his conviction and sentence, and January 18, 1950, the petitioner has made application for the writ of habeas corpus, praying to be discharged from the sentence imposed by Judge Tucker, to five judges of the Supreme Bench of Baltimore City.

He was brought before Judge Mason on a writ of habeas corpus on January 12, 1950, and after hearing the judge refused to dismiss him, and he was remanded to the penitentiary. On January 17, 1950, Judge Sayler considered the last petition and wrote to the petitioner on that date (which letter was filed January 18, 1950) as follows: “Your letter dated December 26th, 1949, has just been referred to me by the Clerk of the Baltimore City Court. Your letter requests that a Writ of Habeas Corpus be issued. You allege that you are being detained without due process of law for the following reasons:— “1 — Faulty indictment; “2 — You were not permitted to have any witnesses; “3 — ‘without the aid of his counsel, nor given notice in due time in order for him to arrange to have counsel employed to defend him’; “4 — Not permitted to take witness stand; “5 — Not permitted to question any of the ‘defend’. “After receiving your letter I made an examination of the court docket which says that you were represented at your trial before Judge Tucker on September 26, 1949, by E. L. Perkins, a member of the Maryland Bar.

I have also learned from records in the Court House that on October 14th, 1949, you petitioned Judge Moser for ⁷⁰⁴ a Writ, and your request was denied. Also that on November 15th, 1949, you filed a like petition with Judge Smith, and once again