Opinion
[H.C. No. 33, October Term, 1955.]
Decided April 4, 1956.
HABEAS CORPUS — Claim That Petitioner Did Not Plead Guilty. A contention that petitioner did not plead guilty to desertion (as the docket entries showed) cannot be reviewed on habeas corpus, because this goes only to the regularity of the proceedings, not to the jurisdiction of the trial court. pp. 663-664
CRIMINAL LAW — Non-Support — Eighteen-Month Sentence for, Not Improper. A sentence of eighteen months could have been lawfully given petitioner for a writ of habeas corpus for non-support (to which he admittedly pleaded guilty) as well as for desertion (to which he claimed he pleaded not guilty). Code (1951), Art. 27, § 96. p. 664
HABEAS CORPUS — Guilt or Innocence. Habeas corpus cannot be made to serve the purpose of an appeal to review the question of the guilt or innocence of the petitioner. p. 664
HABEAS CORPUS — Informing Petitioner of Charge Against Him. There was no merit to a complaint by a petitioner for a writ of habeas corpus that he was not informed, when arrested, of the charge against him, where he admitted that before the trial he was handed a copy of the indictment showing that he had been indicted for desertion and non-support. p. 664
HABEAS CORPUS — Preparing Trial — Cross-Examining Witnesses. Complaints that petitioner was not allowed (1) to prepare his trial, or (2) to cross-examine his witnesses, go only to the regularity of the proceedings, not to the jurisdiction of the trial court, and cannot be raised on habeas corpus. p. 664
HABEAS CORPUS — Preliminary Hearing — Failure to Hold. Failure to hold a preliminary hearing does not vitiate a criminal trial and cannot be raised on habeas corpus. p. 664
J.E.B.
Decided April 4, 1956.
Habeas corpus proceeding by Ellsworth L. Pritchard 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 DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge S. Ralph Warnken of the Supreme Bench of Baltimore City.
The docket entries show that the petitioner pleaded guilty to an indictment for desertion on July 28, 1955, in the Criminal Court of Baltimore and was sentenced by Judge Manley to the Maryland House of Correction for eighteen months. The petitioner escaped from the Maryland House of Correction and was returned there on October 12, 1955, and given an additional sentence of six months. Judge Warnken stated in his opinion in this case that the official papers in the office of the Clerk of the Criminal Court show that petitioner was charged with desertion and non-support in separate counts and that he pleaded guilty generally on July 28, 1955.
Petitioner contends that on July 28, 1955, he pleaded not guilty to desertion and guilty to non-support. His contention that he was charged with both crimes substantiates Judge Warnken's statement that he was charged with desertion and non-support in separate counts. If the petitioner did not plead guilty to desertion, this could not be reviewed on habeas corpus. Bowen v. Warden, 201 Md. 649, 92 A.2d 384. This goes only to the regularity of the proceedings and not to the jurisdiction of the trial court and cannot be raised on habeas corpus. Selby v. Warden, 201 Md. 653, 92 A.2d 756; Bowen v. Warden, 202 Md. 646, 96 A.2d 489; Spence v. Warden, 206 Md. 661, 103 A.2d 345; Cummings v. Warden, 206 Md. 637, 111 A.2d 596; Medley v. Warden, 207 Md. 634, 115 A.2d 287. Furthermore, by Code, 1951, Article 27, § 96, for desertion or non-support, he could have been sentenced to the Maryland House of Correction for not more than three years. Therefore, the sentence of eighteen months could have been given for non-support as well as for desertion.
The petitioner further contends that there was not sufficient evidence to convict him of desertion. Habeas corpus cannot be made to serve the purpose of an appeal to review the question of the guilt or innocence of the petitioner. Strahl v. Warden, 202 Md. 655, 97 A.2d 134; Friedel v. Warden, 205 Md. 657, 109 A.2d 50.
The petitioner also complains that he was not informed, when arrested, of the charge against him. However, he admits that before the trial he was handed a copy of the indictment which showed that he had been indicted for the crime of desertion and non-support. He also claims he was not allowed to prepare his trial or cross-examine his witnesses. This also goes only to the regularity of the proceedings and not to the jurisdiction of the trial court and cannot be raised on habeas corpus. Selby v. Warden, supra; Bowen v. Warden, supra; Spence v. Warden, supra; Cummings v. Warden, supra; Medley v. Warden, supra.
The petitioner also claims that he was given no preliminary hearing. Failure to hold a preliminary hearing does not vitiate a criminal trial and cannot be raised on habeas corpus. Sykes v. Warden, 201 Md. 662, 93 A.2d 549; Hickman v. Warden, 203 Md. 668, 99 A.2d 730.
Application denied, with costs.