Opinion
[H.C. No. 64, October Term, 1956.]
Decided February 7, 1957.
HABEAS CORPUS — Confession — Obtention by Force. The contention that force was used to obtain a confession is pertinent at the trial in testing the voluntariness of the confession, but cannot be raised on habeas corpus. p. 653
HABEAS CORPUS — Evidence — Sufficiency of — Guilt or Innocence. The sufficiency of the evidence, or the guilt or innocence of the accused, may be reviewed on appeal, but habeas corpus cannot be used to serve that purpose. p. 653
HABEAS CORPUS — Counsel — Unsupported and General Allegations of Incompetence. Unsupported and general allegations of incompetence on the part of petitioner's attorney cannot be a ground for the issuance of the writ of habeas corpus. Petitioner in the instant proceeding, who was found not to be entitled to the writ, did not allege, or show, that he complained to the trial court about his counsel, or that there was fraud, bad faith or collusion with an official of the State. p. 653
J.E.B.
Decided February 7, 1957.
Habeas corpus proceeding by Jack Roosevelt Johnson against the Warden of the Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.
The petitioner, who seeks leave to appeal from the denial of the writ of habeas corpus by Judge Barrett of the Circuit Court for Baltimore County, has failed to show that the writ should issue. He was convicted of robbery with a deadly weapon, burglary, robbery and assault with intent to kill and sentenced by Judge Moser to thirty-five years in the Penitentiary. He contends that his confession was obtained by means of police brutality, that the evidence was insufficient to convict him, that he was not guilty and that his court-appointed attorney "did nothing" in his behalf.
The contention that force was used to obtain a confession is pertinent at the trial in testing the voluntariness of the confession but cannot be raised on habeas corpus. Eberle v. Warden, 209 Md. 657; Randall v. Warden, 208 Md. 667; Davis v. Warden, 208 Md. 675. We have repeatedly said that the sufficiency of the evidence or the guilt or innocence of the accused may be reviewed on appeal, but habeas corpus cannot be used to serve that purpose. Bergen v. Warden, 208 Md. 677; Friedel v. Warden, 205 Md. 657. The petitioner's final contention amounts to a general allegation that his counsel was incompetent. He does not allege, nor is it shown, that he complained to the court about his counsel nor is there any allegation or showing of fraud, bad faith or collusion with an official of the State. Unsupported allegations of incompetence cannot be a ground for issuance of the writ. Barker v. Warden, 208 Md. 662; Legrand v. Warden, 205 Md. 662; Wagner v. Warden, 205 Md. 648.
Application denied, with costs.