Owens v. Warden of Maryland House of Correction

This is an application for leave to appeal from refusal of a writ of habeas corpus.

This petitioner claims that he was unlawfully sen tenced to eighteen months on the charge of common assault in the Circuit Court for Wicomico County, without a warrant or indictment. He claims that there was not sufficient evidence to convict him, that his wife testified that he broke her arm while the certificate from the doctor showed that her arm was not broken. Assault being a common-law offense and a misdemeanor the sentence is in the discretion of the court, according to the circumstances of the case. If…