Kirk v. Warden of Maryland Penitentiary

Court of Appeals of Maryland

Kirk v. Warden of Maryland Penitentiary

117 A.2d 912, 208 Md. 659, 1955 Md. LEXIS 274

CourtCourt of Appeals of Maryland

DecidedNovember 14, 1955

DocketH. C. No. 10

StatusPublished

This text of 117 A.2d 912 (Kirk v. Warden of Maryland Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirk v. Warden of Maryland Penitentiary, 117 A.2d 912, 208 Md. 659, 1955 Md. LEXIS 274 (Md. 1955).

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Opinion

Delaplaine, J.,

delivered the opinion of the Court.

This application was filed by George Kirk, a prisoner in the Maryland Penitentiary, for leave to appeal from the denial of a writ of habeas corpus.

Petitioner was tried before Judge James Clark and a jury in the Circuit Court for Howard County on December 7, 1953, on a criminal information charging him with six crimes: (1) assault with intent to murder, (2) assault, (3) robbery with a deadly weapon, (4) robbery, (5) larceny, and (6) carrying a concealed deadly [660]*660weapon. The jury found petitioner guilty on all six counts of the information, .and Judge Clark sentenced him to confinement in the Maryland Penitentiary for the period of 20 years.

Petitioner challenged the legality of the sentence. He contended that Judge Clark did not impose a separate sentence on the verdict on each count; that he had no power to impose any sentence heavier than that prescribed for assault with intent to murder, the most serious of the six charges; and that the maximum penalty for that crime is imprisonment for the term of 15 years.

Petitioner admitted that he was convicted of the crime of robbery with a deadly weapon. The Code provides that every person convicted of the crime of robbery with a deadly weapon shall be sentenced to imprisonment for not more than twenty years. Code (1951), Art. 27, sec. 574A.

It is clear from petitioner’s own statement that the sentence imposed upon him did not exceed the maximum penalty prescribed by the statute.

Application denied, with costs.

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Delaplaine, J.,

delivered the opinion of the Court.

This application was filed by George Kirk, a prisoner in the Maryland Penitentiary, for leave to appeal from the denial of a writ of habeas corpus.

Petitioner was tried before Judge James Clark and a jury in the Circuit Court for Howard County on December 7, 1953, on a criminal information charging him with six crimes: (1) assault with intent to murder, (2) assault, (3) robbery with a deadly weapon, (4) robbery, (5) larceny, and (6) carrying a concealed deadly [660]*660weapon. The jury found petitioner guilty on all six counts of the information, .and Judge Clark sentenced him to confinement in the Maryland Penitentiary for the period of 20 years.

Petitioner challenged the legality of the sentence. He contended that Judge Clark did not impose a separate sentence on the verdict on each count; that he had no power to impose any sentence heavier than that prescribed for assault with intent to murder, the most serious of the six charges; and that the maximum penalty for that crime is imprisonment for the term of 15 years.

Petitioner admitted that he was convicted of the crime of robbery with a deadly weapon. The Code provides that every person convicted of the crime of robbery with a deadly weapon shall be sentenced to imprisonment for not more than twenty years. Code (1951), Art. 27, sec. 574A.

It is clear from petitioner’s own statement that the sentence imposed upon him did not exceed the maximum penalty prescribed by the statute.

Application denied, with costs.

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Bluebook (online)

117 A.2d 912, 208 Md. 659, 1955 Md. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirk-v-warden-of-maryland-penitentiary-md-1955.