Appitito v. Warden of Maryland Penitentiary

This is an application for leave to appeal from denial of a writ of habeas corpus. Petitioners are imprisoned under sentence of ten years for breaking and entering (Code, Art. 27, sec. 34), feloniously stealing (sec. 387), and breaking and entering and stealing (sec. 35). They were convicted on all three counts of an information making these three charges. The sentence of ten years was warranted under any one count. They were represented by counsel at their trial and on appeal. Their appeal was dismissed because (before the Criminal Rules of Procedure became effective) it presented no…