John E. Kirby v. Warden, Maryland Penitentiary

John E. Kirby appeals from an order of the District Court dismissing without a hearing his petition for a writ of habeas corpus. Kirby is a state prisoner now serving two consecutive sentences of twenty years each in the Maryland Penitentiary on two charges of armed robbery.

The complaint is that his confinement is unconstitutional because in passing sentence the trial judge was “motivated by matters not of record.” To substantiate this claim the petitioner relies on a statement made by the state judge in passing sentence: “ * * * I am per fectly satisfied that you are not being tried for the…