Opinion
[H.C. No. 37, October Term, 1949.]
Decided April 12, 1950.
Habeas Corpus — Application For Leave To Appeal From Refusal of Writ of — Where Same Points Raised In Prior Application, Application Denied.
Where the points in an application for leave to appeal from the refusal of a writ of habeas corpus are the same as those raised in a prior such application which had been denied, the new application will be denied. p. 707
Decided April 12, 1950.
Habeas corpus proceeding by State of Maryland, on the relation of Malichi Holiday, against Edwin T. Swenson, 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 a refusal of a writ of habeas corpus. This is the third application for appeal by the petitioner. 191 Md. 763, 62 A.2d 573; 190 Md. 732, 59 A.2d 777. He was sentenced on February 26, 1946 to six years for assault with intent to rob, paroled on October 29, 1946, and returned for violation of parole on September 5, 1947. The present petition merely reiterates the allegations found insufficient in the previous applications for appeal.
Application denied, without costs.