Davis v. Warden of Maryland Penitentiary

Petitioner seeks to appeal from the denial of the writ of habeas corpus by Judge Michael Paul Smith of the Circuit Court for Baltimore County on May 12, 1956. He is serving a sentence of five years imposed after he had pleaded guilty in the Circuit Court for Frederick County to breaking and entering. In 1955 he sought the writ of habeas corpus in Baltimore and was denied its issuance by Judge Emory H. Niles. He asked leave to appeal from that denial and his application was refused by this Court in January, 1956, in Davis v. Warden, 208 Md. 675.

Code, 1951, Art. 42, sec. 6, provides that where…