Opinion
[H.C. No. 19, October Term, 1948.]
Decided February 17, 1949.
Criminal Law — Assault on Wife and Desertion — Prosecution in Baltimore City — Indictment Not Necessary — Release on Probation Not Required — Illegality In Connection With Previous Charge Does Not Affect Legality of Present Imprisonment — Habeas Corpus — Court of Appeals Assuming Plea of Guilt of Desertion, Where Such Plea As To Non-Support Admitted, and Sentence Thereon.
An indictment for assault on wife and desertion is not necessary and the court is not required to release the defendant on probation, if the prosecution is in Baltimore City. Art. 27, secs. 89-91. p. 716
Alleged illegality in connection with a previous charge against a defendant in a criminal case does not affect the legality of his present imprisonment. p. 716
In the absence of anything to the contrary in the record, the Court will assume that a petitioner for release upon habeas corpus, who admitted he plead guilty of non-support but denied he plead guilty of desertion, was duly charged, plead guilty and duly sentenced, whether for desertion or non-support or both. p. 716
Decided February 17, 1949.
Habeas corpus proceeding by the State, on relation of Robert Stauffer, against J. LeRoy Wright, Warden of Maryland House of Correction. On petitioner's application for leave to appeal from refusal of a writ.
Application denied,
Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.
This is an application for leave to appeal from refusal of a writ of habeas corpus. Petitioner is imprisoned under sentence of the Criminal Court of Baltimore, he says, for eighteen months for desertion. A memorandum of the commitment shows twenty-four months for "assault on wife and desertion." He has served less than fourteen months. He says, he was not indicted; he pleaded guilty of "non-support", not "desertion"; he was entitled to be released on probation; six months before this sentence he was unlawfully, without court order, put on probation for three years for a similar offense by an Assistant State's Attorney. Indictment was not necessary; nor was the court required to release him upon probation. Art. 27, secs. 89-91. Alleged illegal action in connection with a previous charge would not affect the legality of the present imprisonment. The record in this court contains no copy of the information, docket entries or proceedings in the Criminal Court of Baltimore, but Judge Bailey in his opinion says: "A careful examination of the proceedings reveals that the proceedings were conducted under the provisions of Chapter 448, Acts of 1931, now codified as Article 27, Sections 90-94, inclusive, applicable to Baltimore City, and that all the requirements of said Act were complied with." In the absence of anything to the contrary in the record, we must assume that petitioner was duly charged, pleaded guilty, and was duly sentenced, whether for "desertion" or "non-support" or both.
Application denied, without costs.