Opinion
[H.C. No. 71, September Term, 1957.]
Decided January 22, 1958.
HABEAS CORPUS — Perjured Testimony — Alleged Conviction on. A complaint that petitioner was convicted on perjured testimony is insufficient on habeas corpus, where no facts are alleged to establish the knowing participation of the State's officers in the use of such testimony. p. 629
HABEAS CORPUS — Bail Allegedly Excessive. An allegation that petitioner was held on an excessive amount of bail prior to trial cannot be raised on habeas corpus after conviction. p. 629
HABEAS CORPUS — Proving Case — Failure of State to. A contention that the State failed to prove a case against petitioner cannot be raised on habeas corpus. p. 629
CRIMINAL LAW — False Pretense and Larceny Cases — Ten-Year Sentence Upheld. Assuming that the point could be raised on habeas corpus, where petitioner was charged in one indictment with an attempt to obtain $1,950.00 by false pretense and with an attempt to steal goods of a description and value unknown, and in a second indictment with obtaining $25.00 by false pretense and with the larceny of that sum, concurrent sentences of ten years each on each indictment after conviction were not illegal. A ten-year sentence was not in excess of the maximum for false pretense prescribed by Code (1951, 1957 Supp.), Art. 27, sec. 165, and either the false pretense or the larceny count would support the sentence. p. 629
J.E.B.
Decided January 22, 1958.
Habeas corpus proceeding by Maron M. Cook against the Warden of the Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Reporter's Note: Certiorari denied, Supreme Court of United States, May 5, 1958.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
This is an application for leave to appeal from the denial of a writ of habeas corpus. Petitioner was tried in the Criminal Court of Baltimore on two indictments, one charging an attempt to obtain $1,950.00 by false pretense from one Andrew Trombero on November 23, 1956, with a second count charging an attempt to steal goods from Trombero of a description and value unknown. The second indictment charged that on the same date petitioner did obtain $25.00 from Trombero by false pretense, with a second count charging the larceny of said sum from Trombero. He was convicted on each count of the two indictments and sentenced to ten years on each indictment, to run concurrently.
Petitioner contends that he was convicted on perjured testimony, but fails to allege any facts to establish the knowing participation of the State's officers in the use of such testimony. Brigmon v. Warden, 213 Md. 628, 630. He alleges that he was pressed to make a confession, but did not do so. He alleges he was held on an excessive amount of bail prior to trial. The point cannot be raised on habeas corpus after conviction, nor can his contention that the State failed to prove a case.
Petitioner also alleges that the sentence was illegal. Assuming, without deciding, that the point can be raised on habeas corpus, it is clear that a ten-year sentence is not in excess of the maximum prescribed by Code (1951 and 1957 Supp.), Art. 27, § 165, for false pretense. Either the false pretense or the larceny count would support the sentence. Harris v. State, 182 Md. 27, 31.
Application denied, with costs.