Habeas Corpus — Failure To Furnish Copy of Indictment, Not Ground for Release — Petition for Writ, Alleging Illegality of Conviction for Robbery, Premature If Sentence of Assault With Intent To Murder Had Not Expired.
Failure to furnish, upon request, copy of indictment is not ground for release on habeas corpus. p. 679
A petition for a writ of habeas corpus alleging illegality of conviction for robbery is premature if term of prior sentence for assault with intent to murder has not expired. p. 680
Decided November 2, 1950.
COLLINS, J., delivered the opinion of the Court.
This is an application by Patrick John Hirons for leave to appeal from the refusal of a writ of habeas corpus. He has previously applied three times for the writ and has been refused.
Petitioner alleges that the was not furnished with copies of his indictments charging him with robbery even though his attorney, appointed by the court, requested these from the State's Attorney. Even if this were true, such a fact would not entitle him to release on habeas corpus. Fisher v. Swenson, Md., 64 A.2d 124, certiorari denied, 337 U.S. 933, 69 S.Ct. 1489, 93 L.Ed. 1740; State ex rel. Ballam v. Warden, 196 Md. 644, 75 A.2d 95.
The paper here show he was sentenced by Judge France on May 4, 1949, to five years from March 15, 1949 for assault with intent to murder and to one year for carrying a dangerous weapon, these sentences to run consecutively. On October 6, 1949, he was sentenced by Judge Tucker for robbing with a deadly weapon in three cases to twenty years in each case, each sentence to run concurrently from March 15, 1949. No question is raised as to the sentences of Judge France and as these sentences have not expired this application is premature. State ex rel. Thomas v. Warden, 196 Md. 648, 74 A.2d 830. State ex rel. Czaplinski v. Warden, Md. Penitentiary, 196 Md. 654, 75 A.2d 766.
Application denied, with costs.