State ex rel. Swietkoski v. Swenson

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 petitioners were indicted in the Federal District Court on November 4, 1947, on a charge of possessing and transporting distilled spirits with intent to defraud the United States of taxes, ⁷⁰⁹ tried and convicted on January 19, 1948. Imposition of sentence was deferred “until disposition of cases pending against them in [the] State courts of Baltimore.” Meanwhile, the petitioners were indicted on January 9, 1948 by the Grand Jury of Baltimore City, on a charge of larceny of sugar.

On February 6, 1948, they were tried and convicted in the State court and each sentenced to three years imprisonment and $2,000 fine. On February 13, 1948, they were sentenced by the District Court. The petitioners contend (1) that they were deprived of a constitutional right by being compelled to stand trial in the State court before the trial in the Federal court had been concluded and (2) that the indictments upon which they were tried in the State court were fatally defective, in that they were not signed by the State’s Attorney, although his name appeared thereon in typewritten form. It was conceded that the indictments were endorsed “a true bill” over the signature of the foreman of the Grand Jury.

We find no merit in either contention. Judge Warnken, who heard the petitions, pointed out that petitioners made no objection or motion for postponement at the time of the trial, and