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Cothorn v. Warden

Court of Appeals of Maryland
Nov 23, 1959
155 A.2d 652 (Md. 1959)

Opinion

[P.C. No. 25, September Term, 1959.]

Decided November 23, 1959.

CRIMINAL LAW — Separate Punishment Of Separate Offenses. Separate offenses may be punished separately. In the instant post conviction case none of the individual sentences imposed exceeded the maximum authorized by law. p. 582

POST CONVICTION PROCEDURE ACT — Disparity Between Petitioner's Sentence And That Of Codefendant. A disparity between the sentence imposed upon the petitioner, and that imposed upon his codefendant, affords no basis for relief under the Post Conviction Procedure Act. p. 582

J.E.B.

Decided November 23, 1959.

Calvin Cothorn instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application denied.

Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


The applicant was convicted under three separate indictments of three separate offenses — robbery, unauthorized use of a motor vehicle, and assault. None of the individual sentences exceeded the maximum authorized by law. Separate offenses may be punished separately. Williams v. State, 205 Md. 470, 109 A.2d 89. A disparity between the sentence imposed upon the applicant and that imposed upon his codefendant affords no basis for relief under the Post Conviction Procedure Act.

Application denied.


Summaries of

Cothorn v. Warden

Court of Appeals of Maryland
Nov 23, 1959
155 A.2d 652 (Md. 1959)
Case details for

Cothorn v. Warden

Case Details

Full title:COTHORN v . WARDEN OF MARYLAND PENITENTIARY

Court:Court of Appeals of Maryland

Date published: Nov 23, 1959

Citations

155 A.2d 652 (Md. 1959)
155 A.2d 652

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