Tyler v. Warden of Maryland Penitentiary

Hammond, J., delivered the opinion of the Court. This is a petition for leave to appeal from a denial of a writ of habeas corpus by Judge Carter of 'the Supreme Bench of Baltimore. The appellant was indicted in 1952 on several charges of forgery and larceny. On February 7, 1952, upon a plea of guilty, he was sentenced to ten years in the penitentiary.

This sentence was suspended and he was placed on probation for five years on condition that he make restitution. On January 7, 1954, petitioner again found himself facing numerous indictments for forgeries and attempted false pretenses, and this time, he pleaded not guilty. He was convicted of attempted false pretenses and uttering a forged instrument and sentenced to nine months in the Baltimore City jail. On January 15, 1954, Judge Moser struck out the 1952 probation and reimposed the sentence which had been originally given.

In his application, petitioner bases his right to relief upon the following contentions: that he had no trial; that he was not confronted with witnesses “(not even a police officer)”; that he pleaded not guilty, when arraigned on January 31, 1952, and was sentenced February 7, 1952 without a trial, despite his plea of not guilty. Petitioner’s allegation that he was sentenced without a trial does