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Austin v. Warden

Court of Appeals of Maryland
Nov 13, 1947
60 A.2d 181 (Md. 1947)

Opinion

[H.C. No. 4, October Term, 1947.]

Decided November 13, 1947.

Habeas Corpus — Guilt or Innocence Not Retriable On.

Questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. p. 722

Decided November 13, 1947.

Habeas corpus proceeding by Therone Austin against Warden of the Maryland House of Correction wherein petition for the writ was denied. On application for leave to appeal.

Application denied.

Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.


This is an application for leave to appeal from refusal of a writ of habeas corpus. Jackson v. Warden of Maryland House of Correction, 190 Md. 717, 60 A.2d 179, just decided.

Petitioner is imprisoned under sentence of four-and-one-half years for "housebreaking" — presumably "statutory burglary", Art. 27, § 34. Hickman v. Brady, 188 Md. 103, 52 A.2d 72. He says he was not guilty but two of his companions were and he was "at the scene". The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. Olewiler v. Brady, 185 Md. 341, 344, 44 A.2d 807; Bernard v. Warden of Maryland House of Correction, 187 Md. 273, 49 A.2d 737; Copeland v. Wright, 188 Md. 666, 53 A.2d 553.

Application denied, without costs.


Summaries of

Austin v. Warden

Court of Appeals of Maryland
Nov 13, 1947
60 A.2d 181 (Md. 1947)
Case details for

Austin v. Warden

Case Details

Full title:AUSTIN v . WARDEN OF MARYLAND HOUSE OF CORRECTION

Court:Court of Appeals of Maryland

Date published: Nov 13, 1947

Citations

60 A.2d 181 (Md. 1947)
60 A.2d 181