Legal Opinion

State Ex Rel. Butler v. Warden of Maryland Penitentiary

Court of Appeals of Maryland

Decided April 12, 1950No. [H.C. No. 41, October Term, 1949.]PublishedCited by 6 opinions

1Opinion of the CourtHenderson, J.

This is an application for leave to appeal from a refusal of a writ of habeas corpus. The petitioner alleges that he was tried and convicted on February 1, 1949 in the Circuit Court for Cecil County on a charge of attempted rape, and sentenced to twenty years. He alleges that he was never presented or indicted by the Grand Jury, but was tried upon information filed by the State’s Attorney, in violation of a constitutional right. His application was denied by Judge France on the ground that the identical allegations had been previously considered by other judges.

There is no provision of the…

2Cases cited7 opinions

  1. Betts v. BradySupreme Court of the United States · 1942
  2. Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
  3. Loughran v. Warden of Maryland House of CorrectionCourt of Appeals of Maryland · 1949
  4. State Ex Rel. Shatzer v. Warden of Maryland House of CorrectionCourt of Appeals of Maryland · 1949
  5. Fisher v. Swenson, WardenCourt of Appeals of Maryland · 1949

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3Cited by6 opinions

  1. Heath v. StateCourt of Appeals of Maryland · 2001
  2. Fabian v. StateCourt of Special Appeals of Maryland · 1968
  3. Kable v. StateCourt of Special Appeals of Maryland · 1973
  4. Blondes v. StateCourt of Special Appeals of Maryland · 1974
  5. Moaney v. StateCourt of Special Appeals of Maryland · 1975

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