State Ex Rel. Renner v. Wright

Grason, J., delivered the opinion of the Court. On November 1, 1945, appellant was convicted in the Circuit Court for Frederick County, Maryland, of the crime of forgery, and sentenced to serve a term of four years in the Maryland House of Correction. On October 22, 1946, he filed a petition for a writ of habeas corpus, addressed to Judge Boylan, one of the judges of the Fifth Judicial Circuit, in which he recited his conviction and sentence; that at the time of said conviction he was suffering from stomach ulcers and was very nervous, for which he had been treated by a doctor since 1989; that since his imprisonment he had been able to obtain medicine on only a few occasions, and was refused treatment by the doctor at the prison hospital. ¹⁹¹ He further stated he was, on September 5, 1944, rejected from selective service because of the above ailment. He stated he was denied a writ of habeas corpus by Judge Tucker, one of the judges of the Supreme Bench of Baltimore City, and was advised by that judge to address his complaint that he was denied medical care to the Board of Correction, and that he followed that suggestion but obtained no relief.

Judge Boylan denied the writ and the petitioner appeals to this Court. In the “Summary of Entire Case,” contained in the brief of petitioner, the following statement of facts appears: On December 28, 1945, less than two months after his conviction, he escaped from the House of Correction, and was apprehended. He evidently was indicted for escaping from the House of Correction (Supplement 1943 to Code, 1939, Art. 27, Sec. 149), for petitioner states that after being apprehended on January 31, 1946, he was, on March