Opinion
[H.C. No. 18, October Term, 1947.]
Decided December 17, 1947.
Habeas Corpus — Guilt or Innocence and Sufficiency of Evidence Not Retriable On — Double Jeopardy — Where Raiseable at Trial for Escape, No Ground for.
The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. p. 739
Where, at a trial for escape, the defense of double jeopardy could have been raised, it cannot be used as a ground for habeas corpus. p. 739
Decided December 17, 1947.
Habeas corpus proceeding by LeRoy Dinterman against the Warden of the Maryland House of Correction. On application for leave to appeal from refusal of a writ of habeas corpus.
Application denied.
Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.
This is an application for leave to appeal from refusal of a writ of habeas corpus.
The petitioner alleges that he was denied due process by being punished twice for the same offense and being denied counsel and preliminary hearing. He is under imprisonment for two years for escape. No facts are alleged showing double punishment or need or request for or denial of appointment of counsel, or that his original term of imprisonment for larceny has expired. In his brief in this court he says that while serving a term at the Maryland State Reformatory for Males at Roxbury, Maryland, due to the carelessness of the guard who left all the upstairs gates unlocked, he escaped, and was brought back to the institution and then tried before Judge Joseph D. Mish for escape and sentenced to two years to run consecutively with his present sentence. Prison discipline plus this conviction he calls double punishment. The defense of double jeopardy could have been made at the trial. The questions of guilt or innocence and the sufficiency of the evidence cannot be tried on habeas corpus. Olewiler v. Brady, 185 Md. 341, 344, 44 A.2d 807; Bernard v. Warden, 187 Md. 273, 49 A.2d 737; Copeland v. Wright, 188 Md. 666, 53 A.2d 553.
Application denied, without costs.