Supreme Court of Maryland, 1954

Alisworth v. Warden of Maryland Penitentiary

Alisworth v. Warden of Maryland Penitentiary
Supreme Court of Maryland · Decided November 11, 1954 · Henderson
205 Md. 635; 109 A.2d 55; 1954 Md. LEXIS 313

Alisworth v. Warden of Maryland Penitentiary

Opinion of the Court

Henderson, J.,

delivered the opinion of the Court.

This is an application for leave to appeal from a denial of a writ of habeas corpus. The applicant asserts that *636he was convicted in the Circuit Court for Wicomico County of breaking and entering and larceny and sentenced to a total of four and a half years. He contends that the sentences amounted to double jeopardy, apparently on the grounds that the offenses were charged in separate counts of the same indictment, and that the trial court struck out the first sentence of five years and resentenced him to lesser terms for the various offenses.

The short answer to these contentions is that a claim of double jeopardy cannot be raised on habeas corpus. Spence v. Warden, 204 Md. 661; Zimmerman v. Warden, 201 Md. 645; Bowie v. Warden, 201 Md. 648; Bowen v. Warden, 201 Md. 649; Brown v. Sheriff, 200 Md. 663; Carroll v. Warden, 197 Md. 685.

Application denied, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.