Wright v. Herzog

This is a habeas corpus case. The lower court, in deciding it, held Section 80 of Article 41 of Flack’s Annotated Code of Maryland, 1939, to be unconstitutional. Under Section 16 of Article 42 of the Code, the judge sitting below was required to transmit his written opinion and the papers in the case to this court for review.

Donald J. Herzog, on March 20, 1934, in the Criminal Court of Baltimore City, pleaded guilty to five indictments, four of which charged robbery with a deadly weapon and one larceny. In each of the robbery cases he was sentenced to a term of ten years in the Maryland…