Opinion
[H.C. No. 43, September Term, 1957.]
Decided December 24, 1957.
HABEAS CORPUS — Evidence — Sufficiency of. The sufficiency of the evidence cannot be raised on habeas corpus. p. 599
HABEAS CORPUS — Questions Not Raised Below Not Considered on Application for Leave to Appeal. Questions not raised in the court below cannot be considered on an application for leave to appeal from the denial of a writ of habeas corpus. p. 599
J.E.B.
Decided December 24, 1957.
Habeas corpus proceeding by Rance Green 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.
In this application for leave to appeal from a denial of a writ of habeas corpus, petitioner's sole contention in the court below was that he was convicted of manslaughter and sentenced to ten years in the House of Correction, on legally insufficient evidence. As we have repeatedly held, the sufficiency of evidence cannot be raised on habeas corpus.
In his brief in this Court, the petitioner further complains of the alleged incompetency of his court-appointed counsel. We cannot consider questions not raised in the court below.
Application denied, with costs.