Hands v. Warden of Md. House of Correction, 14
| Decision Date | 11 November 1954 |
| Docket Number | No. 14,14 |
| Parties | Joseph Franklin HANDS v. WARDEN OF The MARYLAND HOUSE OF CORRECTION. |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
This is an application for leave to appeal from the denial of a writ of habeas corpus.
The petitioner was tried, convicted, and sentenced on February 11, 1954, by Judge Warnken, of the Criminal Court of Baltimore City, to eighteen months in the Maryland House of Correction for violation of probation on the charge of non-support.
Petitioner's only contention in this Court is that he was not credited with the time he spent in the Baltimore City jail from January 30, 1954, to February 11, 1954, while awaiting trial. Petitioner was given credit for two days out of the twelve days he spent in the Baltimore City jail. There is no law in this State which requires that a sentence shall date from the time of the defendant's arrest. Baldwin v. Warden, 201 Md. 657, 658, 92 A.2d 739; Agner v. Warden, 203 Md. 665, 666, 667, 99 A.2d 735. If the ten days which petitioner spent in jail, and for which he claims credit, are added to the sentence of eighteen months, the total does not exceed the maximum penalty for the offense. Code, 1951, Article 27, § 96. The Court of Appeals generally has no power to determine the penalty within the statutory limits. Reid v. State, 200 Md. 89, 88 A.2d 478, 89 A.2d 227; Baldwin v. Warden, supra; Agner v. Warden, supra.
Application denied, with costs.
To continue reading
Request your trial
-
Wright v. Maryland Penitentiary, State of Maryland
...v. Ewell, 234 Md. 56, 198 A.2d 275 (1964); Hirons v. Warden, Md. Pen., 209 Md. 622, 120 A.2d 203 (1956); Hands v. Warden, Md. House of Corrections, 205 Md. 642, 109 A.2d 51 (1954); Williams v. State of Maryland, 2 Md.App. 170, 234 A.2d 260 (1967); but see Jenkins v. Warden, Md. Pen., 4 Md.A......
-
State v. Ewell, 236
...not entitled to credit as of right for time spent in jail, at least where the total does not exceed the statutory maximum. Hands v. Warden, 205 Md. 642, 109 A.2d 51, Ramberg v. Warden, 209 Md. 631, 633, 120 A.2d 201. Cf. Eggleston v. State, supra, and Calp v. Warden, 216 Md. 629, 631, 139 A......
-
Williams v. State
...of no law requiring a sentencing judge to give credit for time spent in jail pending a trial and prior to sentencing. See Hands v. Warden, 205 Md. 642, 109 A.2d 51. The short answer to appellant's contention is that the sentences imposed upon him were within statutory limits and since they ......
-
Eggleston v. State, 138
...for time spent in jail pending trial is discretionary with the court and does not go to the question of jurisdiction. Hands v. Warden, 205 Md. 642, 643, 109 A.2d 51. In any event, we think the time of the original sentence did not run during the period the defendant was held for examination......