Opinion
[H.C. No. 12, October Term, 1948.]
Decided December 8, 1948.
Habeas Corpus — Illegal Arrest and Holding, No Escape from Punishment, When Legally Indicted, Tried and Convicted — Admission of Evidence Obtained Without Search Warrant, Not Retriable On — Guilt or Innocence, Not Retriable On — Weight and Sufficiency of Evidence, Not Retriable On.
Even if an accused in a criminal case is illegally arrested and held, he cannot for that reason escape punishment when lawfully indicted, tried and convicted. p. 763
Even if articles, obtained from the accused's house without a search warrant, were offered in evidence against him, this cannot be retried on habeas corpus. p. 763
The questions of guilt or innocence and credibility and weight of the evidence cannot be retried on habeas corpus. p. 763
Decided December 8, 1948.
Habeas corpus proceeding by Clifton Wright against Edwin T. Swenson, Warden of the Maryland Penitentiary, to secure petitioner's release from the penitentiary. A writ of habeas corpus was refused, and the petitioner applies for leave to appeal from such refusal.
Application denied.
Before MARBURY, C.J., DELAPLAINE, COLLINS, HENDERSON, and MARKELL, JJ.
This is an application for leave to appeal from the refusal of a writ of habeas corpus.
Petitioner alleges that he is held and deprived of his liberty on an indictment charging him with robbery with a deadly weapon on which charge he was exonerated, but was sentenced to ten years in the Maryland Penitentiary for receiving stolen goods. He further alleges that he was arrested without a warrant and that his house was searched without a search warrant. He also alleges that false testimony was introduced against him in his trial and that the evidence was not sufficient to convict him.
The papers filed here, however, show that he was convicted and sentenced to ten years for robbery with a deadly weapon. Even if he was illegally arrested and held, he cannot for that reason escape punishment when lawfully indicted, tried, and convicted. Davis v. Brady, 188 Md. 113, 51 A.2d 827; Bowie v. Warden, 190 Md. 728, 60 A.2d 185; State ex rel. Wilson v. Warden, 190 Md. 758, 60 A.2d 185.
He does not allege that the articles obtained from his house without a search warrant were offered in evidence against him. Even if they were so offered, that question cannot be retried on habeas corpus.
The question of guilt or innocence and credibility and weight of the evidence cannot be retried on habeas corpus. Rountree v. Wright, 189 Md. 292, 55 A.2d 847, and cases there cited.
Application denied, without costs.