Opinion
[H.C. No. 80, October Term, 1956.]
Decided May 7, 1957.
CRIMINAL LAW — Parole under Supervision of New York Authorities — Return to Prison for Violation of — Denial of Full Credit for Time Spent on, Proper — Maryland Law Controlling. A defendant, who was paroled from the Maryland Penitentiary and placed under the supervision of the New York Board of Parole and then returned to the Maryland Penitentiary for violating the conditions of parole, and credited with one-half the time spent on parole, was not entitled to full credit for such time, as he contended, and the matter was controlled by Maryland law, and not New York law, as claimed. pp. 645-646
J.E.B.
Decided May 7, 1957.
Habeas corpus proceeding by Angelo Inglese 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.
This is an application for leave to appeal from a denial of a writ of habeas corpus. Petitioner was convicted of assault with intent to murder and burglary and sentenced in 1947 to nine years in the Maryland Penitentiary. He was paroled and placed under the supervision of the New York Board of Parole. He violated the conditions of parole, was returned to the Maryland Penitentiary, and given credit for one-half the time spent on parole. Petitioner claims he is entitled to full credit. There is no merit in the contention. See Clark v. Warden, 213 Md. 641. The matter is controlled by Maryland law, and not New York law, as contended.
Application denied, with costs.