Tutt v. Warden of Maryland Penitentiary

This is an application for leave to appeal from a refusal of the writ of habeas corpus. Applicant was convicted of burglary in the Criminal Court of Baltimore on March 23, 1943, and received a sentence of ten years. He contends that while he was sentenced on two counts, he was convicted on only one. He offers nothing to support this assertion, and it therefore cannot be considered. Rountree v. Wright, 189 Md. 292, 55 A. 2d 487. In any event, it is an irregularity in procedure which cannot be considered on habeas corpus. Olewiler v. Brady, 185 Md. 341, 44 A. 2d 807. Applicant also says that…