PERROW v. WARDEN, 190 Md. 725 (1947)

60 A.2d 187

PERROW v. WARDEN OF MARYLAND HOUSE OF CORRECTION

[H.C. No. 8, October Term, 1947.]Court of Appeals of Maryland.
Decided November 13, 1947.

Habeas Corpus — Sufficiency of Evidence Not Retriable On.

The question of the sufficiency of the evidence cannot be retried on habeas corpus. p. 726

Decided November 13, 1947.

Page 726

Habeas corpus proceeding by Robert Osce Perrow against Warden of the Maryland House of Correction wherein the writ was denied. On application 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. Jackson v. Warden, 190 Md. 717, 60 A.2d 179.

Petitioner is imprisoned under sentence of six months for carrying a concealed deadly weapon, a pistol. He alleges that the pistol at the time had no barrel or magazine or cartridges and could not be used as a deadly weapon. The question of the sufficiency of the evidence cannot be retried on habeas corpus 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.

Application denied, without costs.