Opinion
[H.C. No. 12, September Term, 1958.]
Decided November 13, 1958.
HABEAS CORPUS — Perjured Testimony Offered at Trial. A complaint that perjured testimony was offered at petitioner's trial is insufficient on habeas corpus in the absence of an allegation of collusion with a State officer. p. 646
HABEAS CORPUS — Mental Capacity — Lack of, So as to Relieve Accused from Criminal Responsibility. The question of lack of mental capacity, so as to relieve an accused from responsibility under the criminal law for his actions, cannot be raised in habeas corpus proceedings. pp. 646-647
J.E.B.
Decided November 13, 1958.
Habeas corpus proceeding by Ernest J. Ford, Jr., against the Warden of the Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
This is the second application by the petitioner for leave to appeal from his denial of a writ of habeas corpus, the first having been disposed of in Ford v. Warden, 214 Md. 649.
He first complains that perjured testimony was offered at his trial, but he fails to allege collusion with any State officer. Jones v. Warden, 214 Md. 656.
He then attempts to raise the question of lack of mental capacity so as to relieve him from responsibility under the criminal law for his actions, but we have held that this question cannot be raised in habeas corpus proceedings. Kohnen v. Warden, 202 Md. 658; Buie v. Warden, 214 Md. 646.
All of the remaining points raised in the applicant's petition were disposed of in his previous application.
Application denied, with costs.