DELAPLAINE, J., delivered the opinion of the Court.
Robert Johnson, a prisoner in the Maryland Penitentiary, is applying here for leave to appeal from the refusal of a writ of habeas corpus.
Petitioner alleges that he was arrested in July, 1955, on the charge of attempt to commit burglary. He gave to the police the fictitious name of Robert Johnson as his name, because he had escaped from the Penitentiary and he did not want his identity known.
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