Summary
In Hirons v. Warden, 198 Md. 662, 80 A.2d 608 (1951), Bell v. Warden, 207 Md. 618, 113 A.2d 482 (1955), and Clay v. Warden, 207 Md. 631, 114 A.2d 893 (1955), the question was the propriety of a transfer by the Superintendent of Prisons from one penal institution to another.
Summary of this case from State v. McCrayOpinion
[H.C. 43, October Term, 1950.]
Decided May 16, 1951.
HABEAS CORPUS — Transfer from One Institution to Another. The Board of Correction may transfer prisoners from one institution to another. Code (1947 Supp.), Art. 27, § 788. Where nothing in petitioner's application for leave to appeal from refusal of writ of habeas corpus that procedure of that section was not followed, application denied. p. 663
Decided May 16, 1951.
Habeas corpus proceeding by Patrick J. Hirons 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 the refusal of a writ of habeas corpus by Honorable Herman M. Moser, of the Supreme Bench of Baltimore City. Petitioner has had four previous applications denied. Application for leave to appeal was filed in one of such cases, which was denied. Hirons v. Warden, Md. Penitentiary, 195 Md. 679, 76 A.2d 162.
The petitioner asserts that his original sentences in May, 1949, by Judge France were, under a charge of assault with intent to kill, for five years, and, under a charge of carrying a deadly weapon, for one year, both sentences to run consecutively; that under said sentences his commitment was to the State Reformatory for Males. He further asserts that upon his subsequent conviction in October, 1949, under three charges of robbery with a deadly weapon, he was sentenced to twenty years in the Maryland Penitentiary in each case to run concurrently. He claims that his transfer from the former institution to the latter was illegal.
Under the Annotated Code of Maryland, (1947 Supplement), Article 27, § 788, the Board of Correction may transfer prisoners from one institution to another. Nothing in the petitioner's application would indicate that the procedure outlined in this Section was not followed.
For the reason just stated and for the reasons set forth in the opinion in the prior application for appeal, Hirons v. Warden, supra, the application will be denied.
Application denied, with costs.