DE BERRY v. WARDEN, 190 Md. 742 (1948)

60 A.2d 525

DE BERRY v. WARDEN OF MARYLAND PENITENTIARY

[H.C. No. 22, October Term, 1947.]Court of Appeals of Maryland.
Decided February 18, 1948.

Habeas Corpus — Rulings on Evidence or Other Rulings Reviewable on Appeal Ordinarily, Not Reviewable On — Accused Not Allowed to Take Stand — No Proof of, or of Request.

Rulings on evidence admitted in the trial of a criminal case, or other rulings reviewable on appeal ordinarily, will not be reviewed in a habeas corpus proceeding. p. 743

Where, in an application for leave to appeal in a habeas corpus case, applicant alleges he was denied the right to take the stand in his own behalf but there is no allegation to show that he was denied that right or that he asked the court to take the stand, the application on that ground will be denied. p. 743

Page 743

Decided February 18, 1948.

Habeas corpus proceeding by Edward De Berry against the Warden of the Maryland Penitentiary. From the refusal of a writ of habeas corpus, the petitioner 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 states:

1. He was denied the right to take the stand in his own behalf;

2. That he was convicted by his own personal property;

3. That he can show that a witness, Clarke, made a different statement before the magistrate than he did in court;

4. He wants to show in this proceeding his innocence.

In his brief, he restates his innocence[(A)] , objects to evidence that was admitted; declares “Earnest Clarke did do the killing. I know cause I am the man who pulled him off the dying man.”

There is no allegation in the petition to show he was denied the right to take the stand in his behalf or asked the court to take the stand.[(B)] Rulings on evidence admitted in the trial of a criminal case, or other rulings reviewable on appeal ordinarily, will not be reviewed in a habeas corpus proceeding. If the petitioner feels[(A)] he has been dealt with unjustly, he may appeal to the Executive Department.

Application denied, without costs.

Page 744