69 A.2d 687
[H.C. No. 11, October Term, 1949.]Court of Appeals of Maryland.
Decided December 7, 1949.
Habeas Corpus — If Original Sentence Not Questioned By Petitioner Who Escaped, Writ Denied — Lack of Counsel But No Allegation of Request For or Prejudice, No Release — Conviction Without Verdict But No Showing of and of Prejudice, No Release — Speedy Trial But No Showing of Prejudice, No Release.
Where a petitioner for a writ of habeas corpus, who is imprisoned for 4 years from June 5, 1947 and for 2 additional
Page 702
years for escape in 1948, does not, in his petition, question the original sentence, the writ should be denied. p. 702
Where such a petitioner alleges that he was not given time to obtain an attorney and that the court would not appoint one for him but does not allege that he asked time to obtain counsel or that he asked for appointment of counsel or how he was prejudiced by lack of counsel, he is not entitled to release on that ground. p. 703
Where such a petitioner alleges that he was convicted without a verdict and asks that the records be brought up to the Court of Appeals but does not explain how any record would show that he was convicted without a verdict, his application for leave to appeal will be denied. p. 703
Where such a petitioner alleges that he was tried, convicted and sentenced in less than 10 minutes but does not allege how he was prejudiced by such speedy trial, he is not entitled to release on that ground. p. 703
Decided December 7, 1949.
Habeas corpus proceeding by Charles Warren against Warden of Maryland House of Correction. From a refusal of the writ, petitioner filed an application for leave to appeal.
Application denied.
Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
PER CURIAM.
This is an application for leave to appeal from refusal of a writ of habeas corpus. Petitioner is imprisoned under sentence of four years from June 5, 1947 for burglary and two years additional for escape in 1948. As the original sentence is not questioned the writ was properly denied. The record contains no copy of the proceedings, indictment, docket entries or commitment in
Page 703
the escape case and no statement by the judge of the grounds of the application for habeas corpus or the questions involved other than reference to a stereotyped list of reasons for denying the writ. Petitioner alleges that in the escape case he was informed of the charges against him, arraigned immediately, pleaded not guilty, was tried, convicted and sentenced “without a verdict” in less than ten minutes; he was not “given time to obtain an attorney, nor would the state appoint” one for him. He says he “was not found guilty according to the commitment papers” at the House of Correction. He requests that the court will order all records in the case placed before it “(especially records of Plead. [sic] here at the house of correction signed by me.)” He does not allege that he asked time to obtain counsel or even asked appointment of counsel, and does not explain how any record would show that he was convicted without a verdict or how he was prejudiced by lack of counsel or by speedy trial.
Application denied, without costs.