[H.C. No. 36, October Term, 1947.] | Md. | May 21, 1948
This is an application for leave to appeal from an order remanding petitioner after hearing on a writ of habeas corpus. Petitioner is imprisoned under sentence of two years for embezzlement. Art.
He also alleges that he "was brought to trial without his rights of a preliminary hearing and was therefore denied the right to prepare his defense properly." No facts alleged show any denial of hearing or of opportunity to prepare his defense. The record shows commitment filed December 22, 1947; appearance of counsel appointed by the court December 23, 1947; presentment December 24, 1947; indictment, "cepi on bail", December 29, 1947; arraignment, plea of guilty of third count, judgment, January 6, 1948.
The record does not contain a statement by the judge, "setting forth the grounds of the application, the questions involved, and the reasons of the Court for the action taken", required by art. 42, sec. 3B, Code, 1947 Supplement. Ordinarily it might be necessary to remand the case so that such a statement might be supplied. However, as the record before us shows that *767
petitioner is lawfully imprisoned, the reason for the court's action is apparent and it is unnecessary to remand the case.State of Maryland ex rel. Sisk v. Warden of Maryland House ofCorrection,
Application denied, without costs.