Smith v. Warden of Maryland House of Correction

This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge Floyd J. Kintner of Caroline County.

Petitioner was tried, convicted and sentenced on December 22, 1954, by Magistrate H. R. Gardiner of Caroline County for unauthorized use of an automobile, operating on a revoked license and operating under the influence of liquor. Petitioner contends that his imprisonment is illegal for the reason that he was not tried on a criminal information or indictment but on warrants.

Petitioner contends that the magistrate had no authority to try him on a warrant but that…