Webster v. Warden of Maryland House of Correction

Henderson, J., delivered the opinion of the Court. This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge Byrnes, who filed an opinion ⁶³³ to the effect that the petitioner’s contention “that the weight of the evidence was against the verdict” is not a ground for relief. Code (1951), Art. 42, sec. 5, provides, among other things, that a judge “in refusing to issue, or denying, or granting any writ shall file a substantial but succinct statement, either in writing or by dictation to the stenographer for the court records, setting forth the grounds of the application, the questions involved, and the reasons of the Court for the action taken.” (Italics supplied.) We intimated in Agner v. Warden, 203 Md. 665, 667, that failure to state the reason for denying a writ might call for a remand of the case. Code (1951), Art. 42, sec. 6, dealing with applications for leave to appeal, provides that if the application is granted “the procedure thereafter shall be in conformity with the rules of the Court of Appeals, and the Court may affirm, reverse or modify the order appealed from, or it may remand the case for further proceedings * * (Italics supplied.) In the instant case the record shows that the petition for a writ set up grounds other than that referred to by Judge Byrnes.

Petitioner alleges that he was denied due process and that an element of unfairness entered into his trial before Judge Carter, in the Criminal Court of Baltimore, where he was convicted upon the third count of an indictment, jointly with one Lockner, for larceny of an automobile (unauthorized use) and sentenced to three years in the House of Correction. He alleges that although he is twenty-five years old he is physically handicapped, he is illiterate, and has the mentality of a ten year old child. The petition is signed by mark and is evidently drawn by another hand. He alleges that at his arraignment he told Judge Carter he had no lawyer and was unable to afford one.

He asked: “Will I get a lawyer ?” and the court said there was no need for one in the case. Petitioner further