Opinion
[H.C. No. 10, October Term, 1948.]
Decided October 6, 1948.
Habeas Corpus — Guilt or Innocence, Not Retriable On — Incompetency of Counsel in Failing to Obtain Witnesses — No Allegations of Dissatisfaction At Trial, Request for Witnesses, What They Would Testify or Incapability of Defending Self — No Transcript or Allegation As To Whether Attorney Appointed or Hired.
The question of guilt or innocence cannot be retried on habeas corpus. p. 761
Where an application for leave to appeal a habeas corpus case alleges incompetency of the applicant's attorney in failing to obtain witnesses but does not allege that he expressed dissatisfaction as to the attorney's services at the time of trial or that he asked for witnesses or made known to the court or his attorney his desire for them or that he was incapable of making his own defense and no copy of the transcript is filed or any allegation made as to whether the attorney was appointed by the court or was hired by him, the application on that ground will be denied. p. 761
Decided October 6, 1948.
Proceeding on the application of Benjamin H. Washington against Warden of Maryland House of Correction for writ of habeas corpus.
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 by Benjamin H. Washington, confined in the Maryland House of Correction on conviction for larceny.
He alleges that his rights were abridged because he is innocent of the charge, because the statute of limitation had expired as to his crime, and because of the incompetency of the attorney who represented him in failing to obtain witneses.
Of course, the question 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.
He does not allege that he expressed any dissatisfaction as to the services of his lawyer at the time of the trial. State ex rel. Zell v. Warden of Maryland House of Correction, 191 Md. 745, 59 A.2d 737; Goodman v. Warden of Maryland Penitentiary, 190 Md. 746, 60 A.2d 527; Rountree v. Wright, 189 Md. 292, 55 A.2d 847.
Nor does he allege that he asked for witnesses or made known to the court or his attorney that he desired witnesses and as to what these witnesses would testify if present. Goodman v. Warden of Maryland Penitentiary, supra.
Nor does he allege that he was incapable of making his own defense. Blount v. Wright, 189 Md. 294, 55 A.2d 709.
No copy of the transcript of proceedings is filed with the petition nor is it alleged whether counsel was appointed by the court or was selected and hired by the accused. Nance v. Warden of Maryland House of Correction, 189 Md. 112, 53 A.2d 554, 555.
Application denied, without costs.