Supreme Court of Maryland, 1957

Hoey v. Superintendent of Springfield State Hospital

Hoey v. Superintendent of Springfield State Hospital
Supreme Court of Maryland · Decided February 7, 1957 · Brune
212 Md. 636; 129 A.2d 63; 1957 Md. LEXIS 403

Hoey v. Superintendent of Springfield State Hospital

Opinion of the Court

Brune, C. J.,

delivered the opinion of the Court.

The petitioner seeks leave to appeal from the denial of a petition for a writ of habeas corpus by Chief Judge George Henderson of the Circuit Court for Allegany County.

The petitioner is confined in the Springfield State Hospital and is so confined for reasons of insanity, not crime. Since he is not “detained for or confined as the result of a prosecution for a criminal offense”, he has no right of appeal. *637Code (1951), Article 42, Section 7; Miller v. Superintendent, 190 Md. 741, 60 A. 2d 189, and McElroy v. Director, Patuxent Institution, 211 Md. 385, 127 A. 2d 380.

Application denied, with costs.

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