Person v. Warden of Md. Penitentiary

Decision Date27 May 1958
Docket NumberNo. 106,106
Citation141 A.2d 743,217 Md. 650
PartiesWilliam PERSON v. WARDEN OF the MARYLAND PENITENTIARY.
CourtMaryland Court of Appeals

Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

HENDERSON, Judge.

In this application for leave to appeal from a denial of a writ of habeas corpus, several of the contentions now made were disposed of in a previous application. Person v. Warden, 211 Md. 647, 127 A.2d 138. Since he pleaded guilty, contentions based on the alleged lack of evidence are without merit. He now complains that he was precluded from taking an appeal because of his indigency. He was represented by counsel, and he does not allege that the State or any public official prevented him from taking an appeal. It is not shown that he attempted to take an appeal or made any application based on his alleged indigency. Cf. Cooper v. Warden, 214 Md. 629, 136 A.2d 367; Smith v. Warden, 214 Md. 666, 136 A.2d 381; and Strosnider v. Warden, Md., 139 A.2d 726.

Application denied, with costs.

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6 cases
  • Hunt v. Warden, Maryland Penitentiary
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • August 3, 1964
    ...9 Wilson v. Warden, 222 Md. 580, 158 A. 2d 103 (1960), cert. denied, 364 U.S. 841, 81 S.Ct. 79, 5 L.Ed.2d 65 (1961). 10 Person v. Warden, 217 Md. 650, 651, 141 A.2d 743, cert. denied, 358 U.S. 853, 79 S.Ct. 83, 3 L.Ed.2d 87 (1958). 11 Scott v. Warden, 222 Md. 596, 158 A.2d 761 (1960). 12 Fi......
  • Lloyd v. Warden of Md. Penitentiary, 119
    • United States
    • Maryland Court of Appeals
    • July 3, 1958
    ...Beard v. Warden, 211 Md. 658, 661, 128 A.2d 426, and cases cited. Cf. Beard v. State, 216 Md. 302, 305, 307, 140 A.2d 672. In Person v. Warden, Md., 141 A.2d 743, we held that habeas corpus would not lie where the applicant made no effort to appeal and no application based on his alleged In......
  • Brown v. Warden of Md. Penitentiary
    • United States
    • Maryland Court of Appeals
    • November 23, 1959
    ...to indigency. Smith v. Warden, 214 Md. 666, 136 A.2d 381, certiorari denied 356 U.S. 963, 78 S.Ct. 1002, 2 L.Ed.2d 1070; Person v. Warden, 217 Md. 650, 141 A.2d 743, certiorari denied 358 U.S. 853, 78 S.Ct. 83, 3 L.Ed.2d 87; Davis v. Warden, 217 Md. 662, 143 A.2d 77. Therefore, although the......
  • Brooks v. Warden of Md. Penitentiary
    • United States
    • Maryland Court of Appeals
    • November 13, 1958
    ...of a showing that he sought such procedure and that it was improperly denied him by the State or a public official. Person v. Warden, 1958, 217 Md. 650, 141 A.2d 743. ...
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