STANTON v. WRIGHT, 189 Md. 303 (1947)

55 A.2d 708

J.L. STANTON v. J. LEROY WRIGHT, ETC.

[No. 29, October Term, 1947.]Court of Appeals of Maryland.
Decided November 14, 1947.

Habeas Corpus — Appeal.

The Court of Appeals cannot review the sufficiency of evidence in a habeas corpus proceeding. p. 304

Decided November 14, 1947.

Appeal from the Baltimore City Court (FRANCE, J.).

Petition by J.L. Stanton for a writ of habeas corpus opposed by J. Leroy Wright, Warden of the Maryland House of Correction. From an order dismissing the writ, the petitioner appeals.

Order affirmed.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON, and MARKELL, JJ.

J.L. Stanton in pro. per. for appellant.

Hall Hammond, Attorney General, and J. Edgar Harvey, Assistant Attorney General, for the appellee.

HENDERSON, J., delivered the opinion of the Court.

The appellant was convicted of robbery in the Circuit Court for Harford County and sentenced to four years imprisonment. He filed a petition for a writ of habeas

Page 304

corpus in Baltimore City, and appealed here from its refusal. The petitioner argues that the conviction was erroneous, that he did not rob anyone, merely accepted money from another man, with whom he went on a drinking party; that this other man plead guilty but did not incriminate the appellant. In short, the petition seeks a review of the sufficiency of the evidence. As we have repeatedly pointed out, we cannot review the sufficiency of evidence in a habeas corpus proceeding. Rexroad v. Warden, 188 Md. 498, 53 A.2d 273; Nance v. Warden, 189 Md. 94, 53 A.2d 554.

Order affirmed, without costs.