Summary
In Person v. Warden, 217 Md. 650, we held that habeas corpus would not lie where the applicant made no effort to appeal and no application based on his alleged indigency.
Summary of this case from Lloyd v. WardenOpinion
[H.C. No. 106, September Term, 1957.]
Decided May 27, 1958.
HABEAS CORPUS — Evidence — Alleged Lack of, Where Plea Is Guilty. Where petitioner had pleaded guilty to certain criminal offenses, there was no merit to contentions made in this habeas corpus proceeding and based on the alleged lack of evidence to convict. p. 651
HABEAS CORPUS — Appeal Precluded Because of Alleged Indigency. In the instant habeas corpus proceeding, there was no showing that petitioner attempted to take an appeal from his conviction on criminal charges, or that he made any application based on his alleged indigency; he was represented by counsel, and he did not allege that the State or any public official prevented him from taking an appeal. p. 651
J.E.B.
Decided May 27, 1958.
Habeas corpus proceeding by William Person against the Warden of the Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Reporter's Note: Certiorari denied, Supreme Court of United States, October 13, 1958.
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, several of the contentions now made were disposed of in a previous application. Person v. Warden, 211 Md. 647. Since he pleaded guilty, contentions based on the alleged lack of evidence are without merit. He now complains that he was precluded from taking an appeal because of his indigency. He was represented by counsel, and he does not allege that the State or any public official prevented him from taking an appeal. It is not shown that he attempted to take an appeal or made any application based on his alleged indigency. Cf. Cooper v. Warden, 214 Md. 629; Smith v. Warden, 214 Md. 666; and Strosnider v. Warden, 216 Md. 635.
Application denied, with costs.