State ex rel. Adkins v. Warden of Md. House of Corrections

• Decision Date: 05 October 1950
• Citation: 75 A.2d 772,196 Md. 652
• Parties: STATE ex rel. ADKINS v. WARDEN OF MARYLAND HOUSE OF CORRECTION.
• Court: Maryland Court of Appeals

75 A.2d 772

196 Md. 652

STATE ex rel. ADKINS v. WARDEN OF MARYLAND HOUSE OF CORRECTION.

Court of Appeals of Maryland.

October 5, 1950

Before MARBURY, C. J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.

MARBURY, Chief Judge.

This is an application for leave to appeal from a denial of a writ of habeas corpus by the Baltimore City Court. Petitioner was sentenced to four years in the Maryland House of Correction after conviction of burglary and six cases of forgery in the Criminal Court of Baltimore. He had counsel appointed by the Court, but claims that counsel never consulted him, and entered a plea of guilty for him. There is nothing to show that he ever complained of this to the Court at the time of his trial. His main contention is that he has an affidavit from his brother who was his co-defendant in the case, and who also plead guilty. The brother's affidavit says that he takes all the blame for what happened and says that this applicant is not guilty. This is not a matter which can be considered on habeas corpus. It may be noted that the...