Opinion
[H.C. No. 48, October Term, 1956.]
Decided November 30, 1956.
DEFECTIVE DELINQUENTS — Statute Constitutional — Examination Time Not Credited Against Sentence. The defective delinquent statute is constitutional, and the examination time spent at Patuxent Institution is not to be credited against the sentence that followed the conviction which is the basis of the examination. p. 658
J.E.B. Decided November 30, 1956.
Habeas corpus proceeding by John Benjamin Long against the Warden of the Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.
This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge McLaughlin of the Circuit Court for Washington County. John B. Long is now serving a sentence of three years in the Maryland House of Correction for violating the motor vehicle laws.
After his conviction, petitioner was sent to Patuxent Institution for examination and, after spending eight months there, was found not to be a defective delinquent. He contends that the 231 days spent at Patuxent Institution should be deducted from his three-year sentence. He alleges also that the defective delinquent statute is unconstitutional. In Eggleston v. State, 209 Md. 504, it was decided that the statute was constitutional and that the examination time spent at Patuxent was not to be credited against the sentence that followed the conviction which was the basis of the examination.
Application denied, applicant to pay the costs.