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Kohnen v. Warden of Maryland Penitentiary
Citations: 202 Md. 659; 97 A.2d 338; 1953 Md. LEXIS 373Docket: H. C. No. 2
Court: Court of Appeals of Maryland; June 12, 1953; Maryland; State Supreme Court
Joseph Frank Kohnen, Jr., a prisoner at the Maryland Penitentiary, sought leave to appeal the denial of a writ of habeas corpus by Judge Carter of the Supreme Bench of Baltimore City. Kohnen was indicted on five robbery charges, each with six counts, but claimed he used only a toy pistol made of aluminum, not a deadly weapon. He was convicted on one count of robbery without a deadly weapon and sentenced to a total of 10 years on four indictments to run concurrently, with a fifth 10-year sentence to begin after the first four. Kohnen argued that his commitment warrant was illegal, as it indicated a conviction for robbery with a deadly weapon, contrary to the actual conviction for robbery without a deadly weapon. The court clarified that the commitment warrant accurately reflected the verdict, noting the Clerk's addition of the word “Robbery” after “Guilty on Third Count,” confirming the conviction was indeed for robbery without a deadly weapon. The application for appeal was denied, with costs.