Whiteley v. Warden, Maryland Penitentiary

Whiteley, convicted of conspiracy to sell marijuana by a Worcester County jury, was committed by the Circuit Court on 31 October 1969 to the custody of the Commissioner of Correction for a term of five years. On 25 November 1969, he entered an appeal to the Court of Special Appeals, and on 29 December 1969, filed a petition for a writ of habeas corpus on the ground that he was entitled to be admitted to bail pending the disposition of his appeal. From an order denying bail, Whiteley has appealed to this Court.

Maryland Rule 777 b provides:

“After conviction, pending sentence or appeal, of an…