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Davis v. Warden

Court of Appeals of Maryland
Jun 26, 1957
133 A.2d 420 (Md. 1957)

Opinion

[H.C. No. 7, September Term, 1957 (Adv.).]

Decided June 26, 1957.

HABEAS CORPUS — Arraignment and Trial Taking Place on Same Day. A complaint that petitioner's conviction on criminal charges was illegal because his arraignment and trial took place on the same day goes only to the regularity of the proceedings, and has no standing in a petition for habeas corpus. In this proceeding petitioner did not allege or show that either he or his court-appointed counsel requested a postponement of the trial, or that he was prejudiced by being tried when he was. The petitioner had asked for an immediate trial by the court. pp. 599-600

J.E.B.

Decided June 26, 1957.

Habeas corpus proceeding by Lester W. Davis against the Warden of the Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.

Application denied, with costs.

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


The applicant, Lester W. Davis, is serving a life sentence in the Maryland Penitentiary, imposed after he was convicted of statutory rape in the Circuit Court for Allegany County. He filed two petitions for a writ of habeas corpus with Judge Horney of the Circuit Court for Queen Anne's County. The first was denied on February 13, 1957, and the second on March 8, 1957. His application for leave to appeal relates only to the denial of his second petition in which his sole contention was that his conviction is illegal because his arraignment and trial took place on the same day. This contention was not raised in Davis' previous application for leave to appeal from a denial of the writ of habeas corpus which this Court refused in Davis v. Warden, 211 Md. 617, wherein it was said "* * * he waived in writing his right of an indictment and a jury trial, and was properly tried by the court on an information."

The certified docket entries show that after receiving a copy of the information, dated July 20, 1954, the applicant, on the same day, filed a petition and suggestion for immediate trial by the court. A petition for a medical examination was filed and granted on July 28. He was arraigned and his plea of not guilty was entered on August 16, and trial immediately followed. He does not allege, nor is it shown, that he or his court-appointed counsel requested a postponement of the trial or that he was prejudiced by being tried when he was. His complaint, stretched to the utmost, goes only to the regularity of the proceedings, and has no standing in a petition for habeas corpus. Cummings v. Warden, 206 Md. 637.

Application denied, with costs.


Summaries of

Davis v. Warden

Court of Appeals of Maryland
Jun 26, 1957
133 A.2d 420 (Md. 1957)
Case details for

Davis v. Warden

Case Details

Full title:DAVIS v . WARDEN OF MARYLAND PENITENTIARY

Court:Court of Appeals of Maryland

Date published: Jun 26, 1957

Citations

133 A.2d 420 (Md. 1957)
133 A.2d 420