Opinion
[H.C. No. 95, September Term, 1957.]
Decided March 3, 1958.
HABEAS CORPUS — Indictment Faulty. A claim that the indictment was faulty cannot be raised on habeas corpus. p. 662
HABEAS CORPUS — Murder Conviction — Claim of Self-Defense. A contention that petitioner (who had been convicted of second-degree murder) acted in self-defense, is not open to review on habeas corpus. p. 662
CRIMINAL LAW — Time Spent on Parole — Revocation of Parole — Allowance of One-Half Time on Sentence, and Disallowance of Other Time, within Board's Discretion. After a parolee was returned to prison for violating his parole, the Board of Parole and Probation was within its discretion, and did not act illegally, in allowing him one-half of the time spent on parole as a credit on his sentence, and disallowing credit for the other time. Code (1957 Supp.), Art. 41, § 91H. p. 662
J.E.B.
Decided March 3, 1958.
Habeas corpus proceeding by Winfield Parker, 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.
In this application for leave to appeal from the denial of a writ of habeas corpus, it appears that the petitioner was convicted in 1947 of second-degree murder in the Circuit Court for Howard County and sentenced to eighteen years. He contends that the indictment was faulty and that he acted in self-defense. These matters are not open to review on habeas corpus. His chief complaint seems to be that he was paroled June 4, 1953, but returned for violating parole on June 12, 1956. The Board allowed him one-half the time spent on parole. He argues that the disallowance of the other time illegally extends his sentence.
The Board's action was within its discretion, and not illegal. Creager v. Warden, 211 Md. 649; Clark v. Warden, 213 Md. 641; Code (1957 Supp.), Art. 41, § 91H.
Application denied, with costs.