Opinion
[H.C. No. 32, October Term, 1949.]
Decided April 12, 1950.
Criminal Law — Sentence of 20 Years After Conviction Upon Indictment Framed Under Code ( 1939), Art. 27, § 558, Making Robbery or Attempt To Rob With Dangerous or Deadly Weapon A Crime, Is Lawful — Habeas Corpus.
Since Code (1939), Art. 27, § 558, making it a crime to rob or attempt to rob with a dangerous or deadly weapon, provides a sentence of not more than 20 years, where a defendant has been found guilty on an indictment framed under that section a sentence of 20 years is lawful and petitioner is not entitled to release by writ of habeas corpus because of excessive sentence. pp. 699-700
Decided April 12, 1950.
Habeas corpus proceeding by State of Maryland, on the relation of Elmer C. Halderman, against Superintendent of State Reformatory for Males. 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.
Petitioner asks leave to appeal from an order denying him the writ of habeas corpus.
The petitioner claims that the indictment in the case, under which he was convicted, is framed under section 13, Article 27, 1947 Supplement to the Code. That section makes it a crime to commit an assault with the intent to rob, and provides a penalty of not less than two nor more than ten years in the Maryland Penitentiary.
Section 558, article 27 of the 1939 Code provides for a penalty of not more than twenty years upon conviction "of the crime of robbery or attempt to rob with a dangerous or deadly weapon * * *." The indictment upon which he was tried, convicted and sentenced was framed under section 558, as shown by a copy of the indictment contained in the record.
The sole complaint of the petitioner is that he should have been sentenced for not more than ten years, and that his sentence of twenty years is unlawful and he should be released. We think the sentence is lawful.
Application denied, without costs.