Opinion
[H.C. No. 92, September Term, 1957.]
Decided March 4, 1958.
HABEAS CORPUS — Evidence — Sufficiency of. A contention that the evidence was insufficient to sustain the conviction is not available in habeas corpus proceedings. p. 601
HABEAS CORPUS — Counsel — Alleged Disinterest of — Advising Guilty Plea. An allegation that petitioner's attorney was disinterested, and advised him to plead guilty, is insufficient to warrant the issuance of a writ of habeas corpus. p. 601
HABEAS CORPUS — Jury Trial. A complaint that petitioner should have had a jury trial was insufficient under the circumstances on habeas corpus. p. 601
HABEAS CORPUS — Sentence Allegedly Excessive. A claim that the sentence was excessive was not sufficient under the circumstances to justify the issuance of a writ of habeas corpus. p. 601
Decided March 4, 1958.
Habeas corpus proceeding by James T. Godwin 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.
Judge Raine, in the Circuit Court for Baltimore County, denied, on October 22, 1957, the petition of James T. Godwin for a writ of habeas corpus, and Godwin requests leave to appeal.
The applicant was convicted in the Criminal Court of Baltimore of the crime of assault with intent to rob, and sentenced by Judge Carter to five years in the Maryland House of Correction, from October 25, 1956.
He contends: (1) that the evidence was insufficient to sustain his conviction; (2) that his attorney was disinterested and advised him to plead guilty; (3) that he should have had a jury trial; and (4) that the sentence was excessive.
The first contention is not available in habeas corpus proceedings. Hicks v. Warden, 213 Md. 625, 626. The allegations of the petitioner with reference to the second, third and fourth contentions are insufficient to warrant the issuance of the writ. (2) Brigmon v. Warden, 213 Md. 628, 631; Smith v. Warden, 213 Md. 643, 644; (3) Canter v. Warden, 211 Md. 643, 644; (4) Dobson v. Warden, 214 Md. 654.
Application denied, with costs.