Edmondson v. Warden of Md. House of Correction
| Decision Date | 07 December 1949 |
| Docket Number | 14. |
| Citation | 69 A.2d 919,194 Md. 707 |
| Parties | EDMONDSON v. WARDEN OF MARYLAND HOUSE OF CORRECTION. |
| Court | Maryland Court of Appeals |
Habeas corpus proceeding by Dorsey Edmondson against the Warden of the Maryland House of Correction.
The Trial Court refused writ and petitioner applied for leave to appeal.
The Court of Appeals, Per Curiam, denied the application, holding that complaint should be made to Board of Correction.
Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
This is an application for leave to appeal from refusal of a writ of habeas corpus. Petitioner is imprisoned under sentence of eighteen months from January 1, 1949 for petty larceny. He asks the writ 'to inquire into the legality' of the warden's 'not letting him write' to a named person 'to get information of the writ of error coram nobis'. Petitioner is not without experience in crime and criminal procedure. Edmondson v. Brady, 188 Md. 96, 52 A.2d 96; certiorari denied 331 U.S.
792, Edmondson v. Swenson, Warden, 4 Cir., 165 F.2d 432; Edmondson v. Wright, Md., 66 A.2d 386, certiorari denied 337 U.S. 947, 69 S.Ct. 1506. Habeas corpus is not a remedy for review of complaints about incidents of prison management. The Board of Correction has full power and control over the House of Correction. Code, art. 27, sec. 746.
Such complaints should be made to the Board of Correction. It cannot be assumed that the Board will abuse or has abused its powers. Cf. State ex rel. Jacobs v. Warden of Pententiary, Md., 59 A.2d 753; State ex rel. Renner v. Wright, 188 Md. 189, 51 A.2d 668; State ex rel. Baldwin v. Warden of Penitentiary, Md., 63 A.2d 323.
Application denied, without costs.
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