Opinion
[H.C. No. 15, October Term, 1952.]
Decided November 11, 1952.
HABEAS CORPUS — Indictment Defective — Double Jeopardy. Defects in an indictment and the defense of double jeopardy cannot be raised on habeas corpus. p. 649
Decided November 11, 1952.
Habeas corpus proceeding by Frank Bowie against Warden of Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before MARKELL, C.J., and DELAPLAINE, COLLINS and HENDERSON, JJ.
This is an application for leave to appeal from denial of a writ of habeas corpus. A similar application (on different grounds) was denied in 1947. Bowie v. Warden, 190 Md. 728. Petitioner is imprisoned under sentences for life and for one year upon conviction of rape and of robbery with a deadly weapon, respectively. He alleges that one count of one indictment "constitutes double jeopardy" and another is "invalid because of uncertainty". The indictment is not in the record and the petition does not explain how it "constitutes double jeopardy" or wherein it is uncertain. In any event, defects in an indictment and the defense of double jeopardy, if properly objected to at the trial, may be reviewed on appeal or on motion for a new trial, and not on habeas corpus. Brown v. Sheriff, 200 Md. 663, 91 A.2d 392.
Application denied, with costs.