Opinion
[H.C. No. 21, October Term, 1952.]
Decided December 5, 1952.
HABEAS CORPUS — Lack of Speedy Trial. A prisoner cannot be released on habeas corpus after conviction merely because his trial was improperly delayed. p. 657
HABEAS CORPUS — Bail Excessive. The fact that the bail was was excessive cannot be raised on habeas corpus. p. 657
Decided December 5, 1952.
Habeas corpus proceeding by William Taylor against Warden of Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before MARKELL, C.J., and DELAPLAINE, COLLINS and HENDERSON, JJ.
This application was made by William Taylor for leave to appeal from refusal of a writ of habeas corpus.
Petitioner alleges that he was convicted in the Criminal Court of Baltimore on the charge of unauthorized use of a motor vehicle and was sentenced to the Maryland House of Correction, but that he is being confined in that institution illegally. He complains (1) that he was held in jail for 52 days before he was tried and thus was denied the right to a speedy trial; and (2) that the bail fixed by the Court was excessive.
First, a prisoner cannot be released on habeas corpus after conviction merely because his trial was improperly delayed. Ruben v. Welch, 159 F.2d 493.
Secondly, the fact that bail fixed by the Court was excessive does not vitiate the prisoner's conviction and therefore cannot be raised on habeas corpus.
Application denied, with costs.