Opinion
[No. 12, October Term, 1950.]
Decided October 5, 1950.
Criminal Law — Larceny of Property Under Value of $25 May Be By Presentment and Indictment and Person Convicted May Be Imprisoned for Not More Than 18 Months in House of Correction. Code 1939, Art. 27, Sec. 388.
Under Code (1939), Art. 27, § 388, larceny of property under the value of $25 may be prosecuted by presentment and indictment and person convicted may be imprisoned for not more than 18 months in the House of Correction. p. 669
Decided October 5, 1950.
Habeas corpus proceeding by State of Maryland, on the relation of Lorenzo Chandler, against Warden of Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.
This is an application for leave to appeal from an order of Judge Warnken in the Baltimore City Court denying the writ of habeas corpus.
The application plead guilty to larceny before Chief Judge Smith in the Criminal Court of Baltimore and was sentenced to eighteen months in the Maryland House of Correction. The amount of money that he plead guilty to taking was $21 and he contends that larceny of amounts under $25 must be prosecuted before a magistrate and that the sentence was excessive.
By Code Article 27, § 388, larceny of property under the value of $25 may be prosecuted by presentment and indictment in any court having criminal jurisdiction, and the person found guilty may be imprisoned for not more than eighteen months in the House of Correction. The applicant is therefore mistaken in both of his contentions.
Application denied without costs.