Opinion
[H.C. No. 8, October Term, 1948.]
Decided October 6, 1948.
Habeas Corpus — Preliminary Hearing Not Necessary Before Valid Indictment Can Be Obtained — Illegal Arrest and Holding, Not Absolution from Punishment, If Legally Indicted, Tried and Convicted — Guilt or Innocence and Sufficiency of Evidence, Not Retriable On — Absence of Witnesses — No Request for Summons, Summons or Statement of What They Would Testify.
A preliminary hearing is not necessary before a valid indictment can be obtained. p. 757
Even if an accused in a criminal case was illegally arrested and held, this did not absolve him from punishment when lawfully indicted, tried and convicted. p. 757
The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. p. 758
Where applicant for leave to appeal a habeas corpus case claims that his witness was not brought into court to testify but does not allege that he asked that witness be summoned, whether they were summoned or what they would testify, his application on that ground will be denied. p. 758
Decided October 6, 1948.
Proceeding by Elmer Meadows for a writ of habeas corpus to the Warden of the Maryland Penitentiary. On petitioner's application for leave to appeal from an order denying the writ.
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 appeal is filed by Elmer Meadows, who claims he is blind and is now confined in the Maryland Penitentiary on conviction of rape.
He claims that before his trial there was no preliminary hearing, that his arrest was without a warrant and his conviction was based on false testimony. He also claims that his witness was not brought into court to testify. No facts alleged show a denial of a preliminary hearing or of an opportunity to prepare his defense. He admits that he was tried on an indictment. State ex rel. Kirby v. Warden Maryland House of Correction, 190 Md. 765, 59 A.2d 791. A preliminary hearing is not necessary before a valid indictment can be obtained. State ex rel. Sanner v. Warden of Maryland House of Correction, 191 Md. 743, 59 A.2d 762.
Even if he was illegally arrested and held, this did not absolve him from punishment when lawfully indicted, tried and convicted. Davis v. Brady, 188 Md. 113, 51 A.2d 827; Edmondson v. Brady, 188 Md. 96, 52 A.2d 96; Bowie v. Warden of Maryland Penitentiary, 190 Md. 728, 60 A.2d 185.
Of course, the question of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. Olewiler v. Brady, 185 Md. 341 344, 44 A.2d 807; Bernard v. Warden of Maryland House of Correction, 187 Md. 273, 49 A.2d 737; Copeland v. Wright, 188 Md. 666, 53 A.2d 553.
He does not allege that he asked that witnesses be summoned, whether they were summoned, or what they would testify if present. Rountree v. Wright, 189 Md. 292, 55 A.2d 847; Walker v. Warden of Maryland Penitentiary, 190 Md. 729, 60 A.2d 523.
Application denied, without costs.