BURNETT v. WARDEN, 190 Md. 731 (1947)

59 A.2d 749

BURNETT v. WARDEN OF MARYLAND HOUSE OF CORRECTION

[H.C. No. 13, October Term, 1947.]Court of Appeals of Maryland.
Decided December 17, 1947.

Habeas Corpus — Guilt or Innocence and Sufficiency of Evidence Not Retriable On — Appeal — No Testimony On.

The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. p. 731

No testimony can be taken in the Court of Appeals.

Decided December 17, 1947.

Habeas corpus proceeding by Leonard Burnett against the Warden of the Maryland House of Correction. From refusal of writ, Burnett applies for leave to appeal.

Application denied.

Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.

Per Curiam.

This is an application for leave to appeal from refusal of a writ of habeas corpus.

Petitioner alleges that he was convicted of burglary without legal justification because he claims that burglary “is the breaking and entering of a house between 9 P.M. and and 6 A.M.”, while the prosecuting witness stated that the house was robbed between 6 a.m. and 7 p.m. He says that since he has been in prison he remembers that he was not in Baltimore at the time the crime was committed. He asks that this court summon a number of witnesses to testify here. 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

Page 732

Maryland House of Correction, 187 Md. 273, 49 A.2d 737 Copeland v. Wright, 188 Md. 666, 53 A.2d 553. Of course, no testimony can be taken in this court. Rountree v. Wright, Warden, 189 Md. 292, 55 A.2d 847.

Application denied, without costs.