Criminal Law — Indictment — Contributing To Delinquency of Minors — None Required For Trial Under Acts of 1943, ch. 818, sec. 420 (C), (Juvenile Causes in Baltimore City) — If None, Accused Had Counsel and Waived Rights To Trial In Criminal Court and By Jury, No Release On Habeas Corpus — sec. 420 (D) Does Not Deprive Accused of Right To Jury Trial and Is Constitutional.
Where petitioner for a writ of habeas corpus had been tried on warrants, and convicted, for contributing to the delinquency of minors under Acts of 1943, ch. 818, sec. 420 (C), (Juvenile Causes in Baltimore City), was represented by counsel and, after being advised of his right to be tried in the Criminal Court and his right to a jury trial, waived both of them, he cannot be released on habeas corpus on the ground that he was convicted without indictment by the grand jury because no indictment was required by that statute. p. 709
Since Sec. 420 (D), as well as Sec. 420 (E), ch. 818, Acts of 1943, (Juvenile Causes in Baltimore City), specifically provide for a jury trial, Sec. 420 (D) does not deprive an accused person of the right to a jury trial and is not unconstitutional on that ground. pp. 709-710 Decided May 18, 1949.
PER CURIAM.
This is an appeal from an action of the Baltimore City Court in remanding the petitioner to the custody of the Warden of the Maryland House of Correction after a hearing on a writ of habeas corpus.
The petitioner alleges that he was convicted on four charges of contributing to the delinquency of minors without indictment by the grand jury. The record shows that petitioner was tried on warrants and represented by counsel. No indictment was required in those cases. Acts of 1943, Chapter 818, Sections 420 (C) and 420 (E); Fisher v. Swenson, Warden, 192 Md. 717, 64 A.2d 124.
The record in the case shows that he was advised of his right to be tried in the Criminal Court if he so desired and also of his right to a jury trial, both of which he freely waived when represented by competent counsel. Callan v. State, 156 Md. 459, 144 A. 350; Fisher v. Swenson, Warden, supra. The petitioner alleges that he was tried at a private trial held in the judge's chambers. The record in the case before us shows that the trial was conducted in the room used as a court room in juvenile cases.
The petitioner also claims that Section 420 (D) of Chapter 818 of the Acts of 1943, (Juvenile Causes), is unconstitutional because it deprives the accused person of the right to a jury trial. This contention is without merit as Section 420 (D), supra, and Section 420 (E) of Chapter 818, supra, specifically provide for a jury trial, if elected, and the record in the case before us shows that the petitioner waived his jury trial.
Application denied, without costs.