Court of Appeals of Maryland February 7, 1957, [H.C. No. 50, October Term, 1956.] (Marvin v. Warden of Maryland Penitentiary)

*635

Prescott, J.,

delivered the opinion of the Court.

Samuel Marvin has applied to this Court for leave to appeal from the refusal of a writ of

habeas corpus

by Judge Smith in the Circuit Court for Baltimore County. The petitioner was charged in the Criminal Court of Baltimore with two offenses:

1. Unauthorized use of an automobile; and

2.