Ridgeley v. Warden of Maryland House of Correction

92 A.2d 451, 201 Md. 651

• Court: Court of Appeals of Maryland
• Decided: November 11, 1952
• Docket: H. C. No. 17
• Status: Published

Opinion

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.