State Ex Rel. Johnson v. Wright

Petitioner was tried before Judge Moser in the Criminal Court of Baltimore on August 25, 1947, on an indictment containing three counts, the first charging larceny of an automobile, the second charging receiving stolen goods, and the third charging unauthorized use of an automobile. He was convicted on the third count. The maximum imprisonment prescribed by the statute for this crime is four years. Code 1939, art. 27, sec. 397. However, on August 25, 1947, he was sentenced to serve in the Maryland House of Correction for the term of six years.

On November 24, 1947, Judge France, on a habeas…