State ex rel. Ballam v. Warden of Md. House of Correction

• Decision Date: 18 July 1950
• Docket Number: 1.
• Citation: State ex rel. Ballam v. Warden of Md. House of Correction, 75 A.2d 95, 196 Md. 644 (Md. 1950)
• Parties: STATE ex rel. BALLAM v. WARDEN OF MARYLAND HOUSE OF CORRECTION.
• Court: Maryland Court of Appeals

75 A.2d 95

196 Md. 644

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

No. 1.

Court of Appeals of Maryland.

July 18, 1950

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

DELAPLAINE, Judge.

Adrian W. Ballam filed this application for leave to appeal from refusal of a writ of habeas corpus.

Petitioner alleges that in November, 1949, he was sentenced by the Criminal Court of Baltimore to the Maryland House of Correction, but that he was denied his constitutional rights because he was misinformed of the true nature of the charges against him and he did not receive a copy of the indictment as required by the Maryland law. He says that he was not given an opportunity to prepare a suitable defense.

The statute requires that in every indictment or information for the alleged commission of criminal offense in this State, the accused shall be furnished a copy thereof as soon as practicable after the same shall have been prepared, and at the expense of the prosecuting authority. Laws of 1949, ch 757. However, even assuming the truth of petitioner's statement that he did not receive a copy of the indictment such fact would not entitle him to release on habeas corpus. Fisher v. Swenson, Md., 64 A.2d 124, certiorari denied 337 U.S. 933, 69 S.Ct. 1489, 93 L.Ed. 1740.

We find no merit in petitioner's contention that he did not have time to prepare his defense. He admits that he pleaded guilty to the charge against him. He does not say that the requested the Court to appoint an attorney to represent him and that his request was refused. He does not show that he was deprived of any...