State Ex Rel. Kirby v. Warden of Maryland House of Correction

This is an application for leave to appeal from an order remanding petitioner after hearing on a writ of habeas corpus. Petitioner is imprisoned under sentence of two years for embezzlement. Art. 27 sec. 140. He alleges that “the commitment is faulty and illegal”, because he “was found guilty of larceny of the third count”, and there was “no indictment for larceny in the third count”. The third count of the indictment charges embezzlement and larceny in the language of art. 27, sec. 140, which “makes the offense of embezzlement larceny”. Crouse v. State, 163 Md. 431, 433, 163 A. 699.…