State v. Ewell

In this application by the State for leave to appeal from the granting of post conviction relief by Judge Duckett in the Circuit Court for Anne Arundel County, we granted leave to appeal and heard argument. The question posed is whether the trial court properly allowed credit to the appellee, against the period of confinement under his original sentence of five years, for the time spent in Crownsville State Hospital.

The facts disclosed by the record show that Ewell was convicted of statutory burglary on April 14, 1958, and given an indeterminate sentence not to exceed five years. On January…