Summary
In State ex rel. Arnold v. Warden, 195 Md. 700, 72 A.2d 700 (1950), the complaint was that the prisoner was kept in solitary confinement and was denied the right to attend church and thus his right to worship God by the arbitrary action of the warden.
Summary of this case from State v. McCrayOpinion
[H.C. No. 33, October Term, 1949.]
Decided April 12, 1950.
Habeas Corpus — Not Proper Remedy For Maltreatment By Warden et al. of Maryland Penitentiary, Such As Keeping In Solitary Confinement and Denial of Right To Attend Church — Application To Board of Correction Is Remedy — Court of Appeals' Jurisdiction Is Appellate — No Jurisdiction To Act As Trial Court.
If a prisoner serving a sentence in the Maryland Penitentiary is maltreated by the warden or other officials or employees of the institution, his remedy is to apply to the Board of Correction of the State, where his complaint will be heard, and if sustained, corrected. This applies to complaints of being kept in solitary confinement and denial of right to attend church. p. 701
The Court of Appeals is a court of appellate jurisdiction and is without jurisdiction to act as a trial court. p. 702 Decided April 12, 1950.
Habeas corpus proceedings by State of Maryland, on the relation of Lawrence Arnold, against Warden of Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before MARBURY, C.J., and COLLINS, GRASON, HENDERSON and MARKELL, JJ.
This is an application for leave to appeal from refusal of a writ of habeas corpus.
Petitioner was tried, convicted and sentenced to the Maryland Penitentiary by the Criminal Court of Baltimore City, upon conviction under two indictments in which he was charged with forgery.
He makes no complaint of his trial, conviction or sentence in these cases. He complains: (1) That he is being kept in solitary confinement, and (2) that he is denied the right to attend church and thus of his right to worship God, by the arbitrary action of the warden. He prays: (1) That a writ of habeas corpus may issue; (2) that a writ of mandamus issue (apparently for the purpose of requiring the warden to permit him to attend church to exercise his right to worship God) and (3) that this court hear the matters raised in his petition and allow him the right to issue for witnesses in his behalf to appear and testify in this Court and permit him the right to appear and conduct his trial in this Court.
If a prisoner serving a sentence in the Maryland Penitentiary is maltreated by the warden or other officials or employees of the institution, his remedy is to apply to the Board of Correction of the State, where his complaint will be heard, and if sustained, corrected. Edmondson v. Warden of Md. House of Correction, 194 Md. 707, 69 A.2d 919.
There was no basis for the issuance of a writ of mandamus, which was properly refused.
This court is one of appellate jurisdiction and is without jurisdiction to act as a trial court.
Application denied, without costs.