CRIMINAL LAW — Revocation of Parole for Violation — Failure to Credit Petitioner with Time Spent on, Discretionary with Board, and Deprives Him of No Constitutional Rights. Whether a person returned to custody for violation of parole is to receive credit on his original sentence for time spent by him on parole is a matter resting in the discretion of the Board of Parole and Probation. Code (1957), Art. 41, § 115. A failure of the Board to exercise its discretion so as to grant such credit does not deprive petitioner of any constitutional rights, even assuming, without deciding, that such a question could be raised on habeas corpus. pp. 627-628
J.E.B.
Decided March 21, 1958.
PER CURIAM.
The petitioner's sole contention in this application for leave to appeal from the denial of his petition for a writ of habeas corpus is that he is entitled to have time spent by him on parole credited to his original sentence. Whether a person returned to custody for violation of parole is to receive such credit is a matter resting in the discretion of the Board of Parole and Probation. Article 41, § 115, Code (1957). A failure of the Board to exercise its discretion so as to grant credit does not deprive the petitioner of any constitutional right, even if we assume, without deciding, that such a question could be raised on habeas corpus. Clark v. Warden, 213 Md. 641, 642.
Application denied, with costs.