Opinion
[No. 13, October Term, 1950.]
Decided October 5, 1950.
Habeas Corpus — Pleading Guilty Because Confession Obtained Under Understanding Petitioner Would Be Sent To Virginia For Trial, Held Not Ground For Release.
Where petitioner for a writ of habeas corpus who had pleaded guilty alleges that he did so because a confession was obtained from his under an understanding that he would not be tried in Maryland but would be sent to Virginia for trial, but he did not ask court for counsel, nor contest the validity of his confession nor make any requests at his hearing before sentence nor state that he was innocent, he may not be released. p. 670
Decided October 5, 1950.
Habeas corpus proceeding by Jerome Silvey Hanson against warden of Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
This is an application for leave to appeal from an order of the Circuit Court for Prince George's County, denying a writ of habeas corpus. Two previous applications to Judge Sayler in the Baltimore City Court were both denied.
Applicant was charged with storehouse breaking, larceny and receiving stolen goods, in the Circuit Court for Prince George's County. He plead guilty, and after hearing was sentenced to serve a term of five years in the Maryland Penitentiary. He claims he plead guilty because a confession was obtained from him by a policeman under an understanding that he would not be tried in Maryland, but would be sent to Virginia, where he was wanted for parole violation. He did not ask the court for counsel, nor did he, so far as he shows in his petition, contest the validity of his confession. The record shows that the trial court had a hearing before sentencing him, at which he had opportunity to make these requests. He does not state that he was innocent of the charge against him.
Since the petition does not allege any sufficient basis for the issuance of the writ of habeas corpus, the application will be denied.
Application denied without costs.