59 A.2d 743
[H.C. No. 7, October Term, 1948.]Court of Appeals of Maryland.
Decided June 17, 1948.
Habeas Corpus — Commitment Not Stating Whether Jury Trial Waived, Not Ground for Release On — Two Findings of Guilty in Desertion Case and Defendant Placed on Probation First and Later Sentenced to Prison, Not Ground for Release On.
Fact that commitment did not state whether accused waived a jury trial is no ground for release on habeas corpus. pp. 755-756
Application for leave to appeal a habeas corpus case alleging that applicant was found guilty by one judge and about a month later by another judge is not ground for release on habeas corpus where it was a criminal desertion case and applicant was placed on probation and, when he did not comply with court’s order, was sentenced to the Maryland House of Correction. p. 756
Decided June 17, 1948.
Proceeding in the matter of application by Samuel Belardo for writ of habeas corpus against the Warden of the Maryland House of Correction. From an order dismissing the petition, the applicant appeals.
Appeal dismissed.
Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.
PER CURIAM.
This is an application for an appeal from an order of Judge James Clark of the Fifth Judicial Circuit, dismissing the petition of the applicant for a writ of habeas corpus. The ground on which the writ was asked was that the commitment from the Criminal Court of Baltimore
Page 756
City did not contain the statement that applicant had waived his right to a jury trial. That is not necessary in a court of record. In his brief applicant does not mention this question, but seems to contend that he was first found guilty by one judge and then about a month later was found guilty by another. That might easily be, due to the nature of the crime with which he was charged, that is, desertion. He was placed on probation, and, when he did not comply with the court’s order, was sentenced to eighteen months in the Maryland House of Correction.
There is nothing in his application or brief on which he can be given any relief.
Appeal dismissed, without costs.