Opinion
[H.C. No. 12, October Term, 1947.]
Decided December 17, 1947.
Habeas Corpus — Guilt or Innocence and Sufficiency of Evidence Not Retriable On — Absence of Witnesses — No Request for Summons or Summons or Statement of What Witnesses Would Testify — Indictment — No Count for Crime of Which Accused Found Guilty — No Copy of Indictment or Docket Entries.
The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. p. 730
Where the applicant for leave to appeal a habeas corpus case alleges that two of his witnesses were not present in court which he prayed, but it does not appear that he asked that witnesses be summoned, whether they were summoned, or what they would testify if present, his application on that ground will be denied. p. 730
Where such an applicant alleges that he was found not guilty of assault with intent to rape and guilty of "agitation of common assault" which was not on "my indictment by grand jury", but furnishes no copy of the indictment or docket entries to show that there was no count for common assault, his application on that ground will be denied. p. 730
Decided December 17, 1947.
Habeas corpus proceeding by John C. Walker against the Warden of the Maryland Penitentiary. From refusal of a writ of habeas corpus, the petitioner applied for a leave to appeal.
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.
Petitioner is imprisoned under sentence of three years for assault. He alleges that he was found not guilty of assault with intent to rape and guilty of "agitation of common assault" which was not on "my indictment by grand jury", and that two of his witnesses were not present in court which he prayed for. The questions 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. It does not appear that he asked that witnesses be summoned, whether they were summoned, or what they would testify if present. Rountree v. Wright, Warden, 189 Md. 292, 55 A.2d 857, just decided. There are no copy of the indictment or docket entries to show that there was no count for common assault.
Application denied, without costs.