McCutheon v. Warden

Bruñe, C. J.,

delivered the opinion of the Court.

William McCutheon, according to his petition for a writ of habeas corpus, was convicted of three charges upon which he was tried in January, 1951, in the Criminal Court of Baltimore. These were: (1) assault with intent to rape; (2) breaking and entering [burglary]; and (3) being a “rogue and vagabond.” [See Code (1951), Art. 27, Sec. 576.] In July, 1957, he filed a petition for a writ of habeas corpus with Judge Michael Paul Smith, of the Circuit Court for Baltimore County. His petition was denied, and he seeks leave to appeal.

The applicant set…