Summary
In Shields, we rejected the petitioner's application for leave to appeal from a denial of a writ of habeas corpus which alleged that there was insufficient evidence to justify his conviction.
Summary of this case from Frost v. StateOpinion
[H.C. No. 7, September Term, 1958.]
Decided October 23, 1958.
HABEAS CORPUS — No Substitute for New Trial or Appeal. Habeas corpus proceedings are not intended to be, and cannot be used as, a substitute for a motion for a new trial or an appeal. p. 635
HABEAS CORPUS — Evidence — Sufficiency of. The sufficiency of the evidence cannot be raised on habeas corpus. p. 635
J.E.B.
Decided October 23, 1958.
Habeas corpus proceeding by Nathaniel Shields 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.
This is an application by Nathaniel Shields for leave to appeal from the denial of a writ of habeas corpus.
The petitioner was denied an application for such leave to appeal by this Court in Shields v. Warden, 212 Md. 655. The only additional allegation raised on this appeal is that there was not sufficient evidence presented during the trial of the petitioner to justify a conviction. It is well settled that habeas corpus proceedings are not intended to be, and cannot be used as, a substitute for a motion for a new trial or an appeal, and that the sufficiency of the evidence cannot be raised by a habeas corpus proceeding. Langrehr v. Warden, 214 Md. 645; Smith v. Warden, 214 Md. 666.
Application denied, with costs.