Opinion
[H.C. 24, October Term, 1951.]
Decided June 11, 1952.
HABEAS CORPUS — Counsel — Deprivation of. A petitioner for a writ of habeas corpus who alleges that he has been deprived of counsel has the burden to state facts tending to show that for want of benefit of counsel an ingredient of unfairness actively operated in the process that resulted in his confinement. p. 651
Decided June 11, 1952.
Habeas corpus proceeding by Ernest Williams against Warden of Maryland Penitentiary. 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 the denial of a writ of habeas corpus. The applicant was convicted of burglary and sentenced to two years. On a previous application he sought to raise the same point he now seeks to raise, that he was tried without counsel, while his codefendant was represented by counsel. Williams v. Warden, 198 Md. 689, 85 A.2d 464. He again fails to allege any circumstances that would justify the granting of the writ. The burden is upon a petitioner to state facts tending to show that "for want of benefit of counsel an ingredient of unfairness actively operated in the process that resulted in his confinement". Quicksall v. Michigan, 339 U.S. 660, 70 S.Ct. 910, 913, 94 L.Ed. 1188. Cf. Langrehr v. Warden, 198 Md. 683, 84 A.2d 61.
Application denied, with costs.