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Tillett v. Warden

Tillett v. Warden of Maryland House of Correction

Tillett v. Warden, 135 A.2d 629 (Md. 1957)
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Court
Court of Appeals of Maryland · State Highest Courts
Decided
December 24, 1957
Docket
Nos. [H.C. No. 40, September Term, 1957.]
Judges
Bruns, Bruñe, Henderson, Hammond, Prescott, Horney
Citations
135 A.2d 629215 Md. 5961957 Md. LEXIS 539

Opinion — Bruns

*597 Bruns, C. J., delivered the opinion of the Court.

The applicant filed a petition for a writ of habeas corpus based upon the contention that the sentence under which he is confined was illegal. His petition was denied by Judge S. Ralph Warnken, sitting in the Baltimore City Court, and the applicant seeks leave to appeal.

The applicant pleaded guilty to a charge of an attempt to^ break and enter into a storehouse (in this instance a supermarket). The offense which was attempted constitutes statutory burglary (Code (1951), Art. 27, Sec. 38), and an attempt to commit such an offense constitutes a common-law misdemeanor.

Hochheimer, Criminal Law (2d Ed.), Sec. 266;

Wharton, Criminal Law (12th Ed.), Sec. 212. The maximum penalty for violation of Sec. 38 of Art. 27, supra, is ten years’ imprisonment. A sentence for a common-law crime for which no penalty is fixed is not invalid unless it amounts to cruel or unusual punishment, (Roberts v. Warden, 206 Md. 246 , 111 A. 2d 597 ); and, in the case of an attempt, is not necessarily controlled by the statutory penalty for the completed offense.

Williams, Criminal Law (1953), Secs. 135, 152;

Casey v. Warden, 198 Md. 645 , 80 A. 2d 896 .

Application denied, with costs.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1964: 11967: 11969: 11974: 11975: 11984: 11988: 12001: 119642026peak 1964 · 1

Relies on it most ⓘ

  1. Hardy v. State482 A.2d 474 (Md. 1984)
  2. Cox v. State534 A.2d 1333 (Md. 1988)
  3. Tillett v. Warden154 A.2d 808 (Md. 2001)
  4. Lightfoot v. State334 A.2d 152 (Md. Ct. Spec. App. 1975)
  5. Fisher v. State231 A.2d 720 (Md. Ct. Spec. App. 1967)
  6. Dailey v. State199 A.2d 211 (Md. 1964)

Most recent

  1. Tillett v. Warden154 A.2d 808 (Md. 2001)
  2. Cox v. State534 A.2d 1333 (Md. 1988)
  3. Hardy v. State482 A.2d 474 (Md. 1984)
  4. Lightfoot v. State334 A.2d 152 (Md. Ct. Spec. App. 1975)
  5. Glass v. State329 A.2d 109 (Md. Ct. Spec. App. 1974)
  6. Jennings v. State259 A.2d 547 (Md. Ct. Spec. App. 1969)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Roberts v. Warden of Md. Penitentiary, 111 A.2d 597 (Md. 1955) 77
Casey v. Warden of Md. Penitentiary, 80 A.2d 896 (Md. 1951) 8

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