JOHNSON v. WARDEN, 209 Md. 643 (1956)

120 A.2d 914

JOHNSON v. WARDEN OF MARYLAND PENITENTIARY

[H.C. No. 26, October Term, 1955.]Court of Appeals of Maryland.
Decided March 9, 1956.

HABEAS CORPUS — Claim That Petitioner Did Not Plead Guilty, and Court Rendered No Verdict. Where the docket entries showed that the trial court had rendered a verdict of guilty, there was no merit to a contention by petitioner for a writ of habeas corpus that he did not change his plea to guilty, and that no verdict was rendered by the court. pp. 644-645

HABEAS CORPUS — Alleged Inaccurate Reading of Petitioner’s Past Record. Petitioner was not entitled to release on habeas

Page 644

corpus on the ground that at his trial an Assistant State’s Attorney did not read his past record correctly, where he heard the attorney’s statement and made no objection to it at the trial. p. 645

J.E.B.

Decided March 9, 1956.

Habeas corpus proceeding by Robert Johnson against the Warden of the Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.

Application denied.

Before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

Robert Johnson, a prisoner in the Maryland Penitentiary, is applying here for leave to appeal from the refusal of a writ o habeas corpus.

Petitioner alleges that he was arrested in July, 1955, on the charge of attempt to commit burglary. He gave to the police the fictitious name of Robert Johnson as his name, because he had escaped from the Penitentiary and he did not want his identity known.

Petitioner further alleges that his case came on for trial in the Criminal Court of Baltimore on August 16, 1955, and that while he was on the stand an Assistant State’s Attorney “sprang a surprise on him by suddenly asking him about his true identity.” Petitioner was actually Fritzie C. Myers, an escaped prisoner. The case was continued until the next day, when petitioner again took the stand. He was found guilty and was sentenced to the Penitentiary for a term of four years, this sentence to run concurrently with his previous sentence.

First. Petitioner contends that he did not change his plea to guilty, and that no verdict was rendered by the Court. This contention must be rejected, as the docket

Page 645

entries show that the Court rendered a verdict of guilty.

Second. Petitioner contends that his past record was not read correctly by the Assistant State’s Attorney. He contends that the Assistant State’s Attorney stated that he had served four consecutive years, whereas he had been given two 2-year sentences to run concurrently. However, he heard the statement and made no objection to it at the trial of the case.

Application denied, with costs.