Opinion
[H.C. No. 35, October Term, 1949.]
Decided April 12, 1950.
Habeas Corpus — Application For Leave To Appeal From Refusal of Writ of — Where Same Points Raised In Prior Application, Application Denied.
Where the points in an application for leave to appeal from the refusal of a writ of habeas corpus are the same as those raised in a prior such application which had been denied, the new application will be denied. p. 706
Decided April 12, 1950.
Habeas corpus proceeding by State of Maryland, on the relation of Clifton B. Fisher, against Warden of Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before MARBURY, C.J., and COLLINS, GRASON, HENDERSON and MARKELL, JJ.
This is an application for leave to appeal from the refusal of a writ of habeas corpus.
Clifton Fisher, the petitioner, in his petition filed with the court below, and in his brief in this court, says: He was arrested without a warrant in Washington, D.C., by Detective Purdy, of Washington, D.C., and Officer James Anderson, of the Montgomery County police; that on the same day he returned to Montgomery County with Officer Anderson and was confined in the Montgomery County jail for thirty-one days; after repeated coercions he signed what he terms "papers of information"; that on January 10, 1947, he was sentenced to the House of Correction for a term of four years by Judge Woodward. He contends that his arrest without a warrant was illegal; that no warrant was issued before a magistrate whereby he was charged with a specific crime; that he was deprived of bail while awaiting trial, and he therefore asserts that his trial was without due process of law and he should be released.
This petitioner has been before other judges, as well as before this Court, on appeal, in his attempt to be released on the writ of habeas corpus. In Fisher v. Swenson et al., 192 Md. 717, 64 A.2d 124, the same points he now raises were considered by this Court, in an appeal from Judge Bailey, who refused to grant him the writ. We adopted Judge Bailey's opinion in that case and affirmed his ruling in the lower court. It is not necessary for us to restate what was stated in the opinion in that case.
Application denied, without costs.