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

This is an application for leave to appeal from refusal of a writ of habeas corpus.

First, petitioner alleges that he was denied due process of law. He says that he was in Spring Grove State Hospital for observation and treatment from June 9 to June 23, 1947, and that on June 23 he was brought into Court, but Judge Sherbow remanded him to the hospital, where he remained until August 11. He then says that at the trial on October 14 Judge Sherbow ruled that he was sane both at the time of the crime and at the time of the trial. He contends that the judge showed prejudice because he remanded him…