Winegard v. Warden of Maryland Penitentiary

PER CURIAM. This is an application for leave to appeal from an order remanding petitioner after hearing on a writ of habeas corpus. Petitioner is imprisoned under sentence of twenty years, apparently for robbery with a dangerous or deadly weapon, (Code, Art. 27, sec. 558), and two concurrent ten year sentences for other offenses. In 1944 he and his brother and another were jointly indicted, tried and convicted.

At the trial he was represented by counsel, who also represented his brother. At the hearing on habeas corpus, and on this application for leave to appeal, he is represented by different counsel. The record contains a transcript of the hearing on habeas corpus but no copy of the proceedings, indictments or docket entries in the Criminal Court and no statement by the judge of the grounds of the application for habeas corpus, the questions involved and ■ the reason for remanding petitioner. 1947 Supplement, Art. 42, sec. 3B. Petitioner’s grounds for application for habeas corpus or for leave to appeal are that: (1) the sentence is void because it was imposed “during a luncheon recess” and “before the public had been given an opportunity to return to the court room”, and while the court was not in session; (2) the statute, (Art. 27, sec. 558), is unconstitutional because it permits cruel and unusual punishment; (3) trial by jury cannot be waived and Rose v. State, 177 Md. 577 , 10 A. 2d 617 , should be overruled; (4) false testimony was “deliberately used” by State officials to obtain his conviction;