66 A.2d 386 | Md. | 1949
This is an application for leave to appeal from the refusal of a writ of habeas corpus.
The petitioner alleges that he was charged with the larceny of thirty chickens and at the time of his arrest the sergeant declined to let him call his lawyer before his preliminary hearing. He says the magistrate told him that the hearing was a preliminary one to determine whether there was sufficient evidence to hold him for action of the grand jury and, if there was not sufficient evidence, he would be released, and therefore that he was illegally held for action of the grand jury and was tried in the Circuit Court and found guilty by a jury on a different charge from that for which he was held for the grand jury. A preliminary hearing is not necessary before a valid indictment can be obtained. Sanner v. Warden,
Application denied, without costs.