Opinion
[H.C. No. 18, October Term, 1953.]
Decided December 1, 1953.
HABEAS CORPUS — Evidence — Sufficiency of. The question of the sufficiency of the evidence cannot be considered on habeas corpus. p. 672
HABEAS CORPUS — Guilt or Innocence. The question of guilt or innocence cannot be considered on habeas corpus. p. 672
HABEAS CORPUS — Witnesses — Confrontation. The question of whether a petitioner for a writ of habeas corpus should have been confronted with the witnesses against him in accordance with Md. Decl. of Rts., Art. 21, cannot be raised on habeas corpus. p. 672
Decided December 1, 1953.
Habeas corpus proceeding by Michael Bonsuk against Warden of Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before SOBELOFF, C.J., DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
This is an application for leave to appeal from a denial of a writ of habeas corpus. Petitioner was convicted in the Circuit Court for Anne Arundel County on a charge of receiving stolen goods. He was represented by court-appointed counsel, elected a jury trial, was found guilty and sentenced to four years. He contends that he was convicted on legally insufficient evidence and was in fact innocent. We have repeatedly held that such questions cannot be raised on habeas corpus. He contends that he was not confronted with the witnesses against him in violation of Article 21 of the Maryland Declaration of Rights. His point seems to be that one Ballman, who told the police where the stolen coat could be found, was not called as a witness, but the police officers were allowed to testify to the information received. The record shows there was no objection. In any event, the point is not one that can be raised on habeas corpus. Cf. Jackson v. Warden, 190 Md. 748, and Daisey v. Superintendent, 203 Md. 653, 98 A.2d 99.
Application denied, with costs.