Opinion
[H.C. No. 35, October Term, 1947.]
Decided May 21, 1948.
Habeas Corpus — Guilt or Innocence and Weight or Sufficiency of Evidence Not Retriable On.
The questions of guilt or innocence and the weight or sufficiency of the evidence cannot be retried on habeas corpus. p. 765
Decided May 21, 1948.
Proceeding by the State of Maryland on the relation of Ozzie Parker against the Warden of the Maryland Penitentiary for writ of habeas corpus. On application for leave to appeal from order refusing writ.
Application denied.
Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.
This is an application for leave to appeal from an order refusing a writ of habeas corpus — and a writ of certiorari. Petitioner is imprisoned under sentence of ten years for assault with intent to rob. "In the Supreme Bench of Baltimore", in a "petition for writ of certiorari" against "Criminal Court of Baltimore", without filing a transcript of the testimony, he discusses the evidence at some length, alleges that there was no assault, no intent to rob and no crime, and prays a writ of certiorari to bring the records for "examination as to material mistakes at law, errors on the face of the record and the probable miscarriage of justice in the final judgment". The application was denied for the reasons that considered either as an application for certiorari or as an application for habeas corpus, no grounds are stated justifying issuance of either writ. This order was manifestly correct. The question of guilt or innocence and the weight or sufficiency of the evidence cannot be retried on habeas corpus. Rountree v. Wright, 189 Md. 292, 55 A.2d 847, and cases stated.
Application denied, without costs.