Wilson v. Warden of Maryland Penitentiary

Collins, J., delivered the opinion of the Court. This is an application for leave to appeal from refusal of a writ of habeas corpus by Honorable Frederick Lee Cobourn, Associate Judge of the Circuit Court for Harford County. Apparently nine previous petitions for the writ have been filed by this Petitioner and have been denied and one appeal to this Court. Wilson v. Warden, 195 Md. 20 , 72 A. 2d 685 .

On December 15, 1947, having been found guilty in the Criminal Court of Baltimore under a larceny charge, petitioner was sentenced by Honorable J. Abner Sayler, Associate Judge of the Supreme Bench of Baltimore City, to serve five years in the Maryland Penitentiary. As to this charge, petitioner claims that he was denied a jury trial and the right to have witnesses testify on his behalf. On March 16, 1949, having been found guilty in the Criminal Court of Baltimore of attempted escape from the Baltimore City Jail, petitioner was sentenced by Honorable Robert France, Associate Judge of the Supreme Bench of Baltimore City, to a term of ten years in the Maryland Penitentiary. The petition does not set forth whether this sentence was concurrent with or consecutive to the previous sentence.

Petitioner claims that the ten year sentence imposed by Judge France was illegal. Petitioner fails to allege that he called, or ⁶⁶⁵ asked permission to call, his own witnesses nor does he allege what these witnesses would have said if called. As to his claim that he