Miller v. Superintendent Of Spring Grove State Hosp. For Insane., 21.
| Decision Date | 17 December 1947 |
| Docket Number | No. 21.,21. |
| Parties | MILLER v. SUPERINTENDENT OF SPRING GROVE STATE HOSPITAL FOR INSANE. |
| Court | Maryland Court of Appeals |
OPINION TEXT STARTS HERE
Habeas corpus proceeding on petition of George S. Miller against Superintendent of the Spring Grove State Hospital for Insane. On petitioner's application for leave to appeal from refusal of writ.
Application denied.
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.
The application is filed by George S. Miller now confined in the Spring Grove State Hospital. According to a letter received from the superintendent of Spring Grove State Hospital, as a result of a trial in the Criminal Court of Baltimore City where the petitioner here plead ‘not guilty by reason of insanity,’ a judgment was entered ‘that the prisoner be committed to Spring Grove State Hospital for Insane, there to be confined until he shall have recovered his reason and be discharged by due course of law.’ Code 1939, Article 59, section 7. In the brief filed in this court, the petitioner questions the sufficiency of the evidence in his trial in the Criminal Court. As it does not appear that the petitioner here is ‘detained for or confined as the result of a prosecution for a criminal offense’ this Court has no jurisdiction on appeal and the application must be denied. Acts of 1945, Chapter 702, Section 3D; Bailey v. Superintendent, Md., 60 A.2d 188.
Application denied, without costs.
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McElroy v. Director of Patuxent Institution, 48
...in that case that Bailey was not "detained for or confined as the result of a prosecution for a criminal offense". In Miller v. Superintendent, 190 Md. 741, 60 A.2d 189, George S. Miller was confined in Spring Grove State Hospital as the result of a trial in the Criminal Court of Baltimore ......
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Moquin v. State, 210
...was not 'detained for or confined as the result of a prosecution for a criminal offense'. To the same effect is Miller v. Superintendent of Spring Grove, 190 Md. 741, 60 A.2d 189. We conclude that an adjudication of delinquency in the Juvenile Court for Montgomery County did not bar the app......
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Lutz v. Superintendent of Spring Grove State Hosp.
...appeal * * *.' Miller v. Superintendent of Spring Grove State Hospital, 198 Md. 659, 80 A.2d 898, 899; Miller v. Superintendent of Spring Grove State Hospital, 190 Md. 741, 60 A.2d 189; Bailey v. Superintendent of Spring Grove State Hospital, 190 Md. 735, 60 A.2d Application denied, with co......
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Miller, v. Spring Grove State Hosp., 41
...as to his mental condition; and (7) That the question of his sanity should have been left to a jury. In Miller v. Superintendent of Spring Grove State Hospital, 191 Md. 741, 60 A.2d 189, we passed upon a previous application of this petitioner for leave to appeal from the denial of a writ o......