69 A.2d 685 | Md. | 1949
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 twenty years, apparently for robbery with a dangerous or deadly weapon, (Code, Art.
Petitioner's grounds for application for habeas corpus or for leave to appeal are that: (1) the sentence is void because it was imposed "during a luncheon recess" and "before the public had been given an opportunity to return to the court room", and while the court was not in session; (2) the statute, (Art. 27, sec. 558), is unconstitutional because it permits cruel and unusual punishment; (3) trial by jury cannot be waived and Rose v.State,
Application denied, without costs.