HABEAS CORPUS — Counsel — Deprivation of — Before Magistrate. Appointment of counsel by a magistrate is unheard of in Maryland. If there had been an appeal, court could have appointed counsel, if necessary. Lack of counsel before magistrate cannot be raised on habeas corpus. pp. 651-652
HABEAS CORPUS — Witnesses — Deprivation of. Refusal of opportunity, and lack of time, to secure witnesses, before magistrate cannot be raised on habeas corpus. pp. 651-652
Decided November 11, 1952.
MARKELL, C.J., delivered the opinion of the Court.
This is an application for leave to appeal from denial of a writ of habeas corpus. Petitioner is imprisoned under sentence for two years upon conviction by a trial magistrate of contributing to the delinquency of two children. He alleges that he was ( 1) denied the "opportunity" to secure counsel and refused "court-appointed" counsel and ( 2) refused the opportunity, and not given time, to secure witnesses. No circumstances are stated indicating a need for counsel, especially before a magistrate, or in what sense he was "refused" opportunity to secure witnesses.
Appointment of counsel by a magistrate is unheard of in Maryland, but as Judge Marbury stated in denying the writ, on appeal petitioner would have been entitled to a trial de novo; counsel could then have been appointed, if necessary. Petitioner's second complaint could also have been reviewed on appeal, but not on habeas corpus.
Application denied, with costs.