State ex rel. Zukowski v. Wright

• Decision Date: 05 October 1949
• Docket Number: 7.
• Citation: 68 A.2d 675,193 Md. 721
• Parties: STATE ex rel. ZUKOWSKI v. WRIGHT.
• Court: Maryland Court of Appeals

68 A.2d 675

193 Md. 721

STATE ex rel. ZUKOWSKI v. WRIGHT.

No. 7.

Court of Appeals of Maryland

October 5, 1949

The State, on relation of Otto J. Zukowski, brought a habeas corpus proceeding against Dr. J. LeRoy Wright, warden of the Maryland House of Correction.

The writ was denied, and petitioner applied for leave to appeal.

The Court of Appeals, Per Curiam, denied the application and held that defendant could be tried under a criminal information charging him with the statutory offense of house-breaking.

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

PER CURIAM.

This is an application for leave to appeal from the denial of a writ of habeas corpus. Petitioner's sole contention is that the Circuit Court for Baltimore County, where he was tried and convicted of housebreaking, was without jurisdiction to try him upon criminal information because the crime with which he was charged is a felony. But, as stated by Judge Bailey: 'It is true that Section 744 of Article 3, Code of Public Local Laws (1930), excepts all felonies from trial upon criminal information. But the copy of the criminal information filed with the petition discloses that the petitioner was charged with statutory breaking under Section 34, Article 27, Code 1939 . This is not a felony but a misdemeanor. Bowser v. State, 136 Md. 342, 344 .'

Application denied, without costs.