State ex rel. Justice v. Warden of Maryland Penitentiary

This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Manley of the Supreme Bench of Baltimore City.

*652Woodrow Justice, the petitioner, was indicted for assault with intent to kill, and assault. He was found not guilty under the first count, guilty under the second, and he was sentenced to serve five years in the Maryland Penitentiary.

At the time of the commission of the offense, petitioner had been on parole after having served part of an eighteen-year sentence for a prior conviction of second degree murder. When sentencing him for the assault conviction,…