Opinion
[H.C. No. 24, September Term, 1958.]
Decided November 13, 1958.
HABEAS CORPUS — Evidence — Sufficiency of. The sufficiency of the evidence may be considered on appeal, but not on habeas corpus. p. 650
J.E.B. Decided November 13, 1958.
Habeas corpus proceeding by Alonzo Boyd against the Warden of the Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
The application for leave to appeal from a denial of the writ of habeas corpus is denied, with costs.
Judge McLaughlin, of the Circuit Court for Washington County, properly ruled that the sufficiency of the evidence may be considered on appeal but not on a petition for a writ of habeas corpus. Gardner v. Warden, 217 Md. 653, 141 A.2d 684 (1958).