STATE EX REL. HOLMES v. WARDEN, 194 Md. 719 (1950)

70 A.2d 812

STATE EX REL. HOLMES v. WARDEN OF MARYLAND PENITENTIARY

[H.C. No. 21, October Term, 1949.]Court of Appeals of Maryland.
Decided January 11, 1950.

Habeas Corpus — Guilt or Innocence and Sufficiency of Evidence, Not Retriable On.

The questions of guilt or innocence and sufficiency of the evidence cannot be retried on habeas corpus. p. 720

Decided January 11, 1950.

Habeas corpus proceeding by the State of Maryland, on the relation of Harry Holmes, against the Warden of Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.

Application denied.

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

PER CURIAM.

This is an appeal from a refusal of Judge W. Conwell Smith to issue writ of habeas corpus. Petitioner is

Page 720

confined in the Maryland Penitentiary under a sentence of five years for assault to kill and murder. His only contention is that the Court erred in finding him guilty. The question of guilt or innocence and sufficiency of the evidence cannot be retried on habeas corpus. Oleweiler v. Brady, 185 Md. 341, 44 A.2d 807 Copeland v. Wright, 188 Md. 666, 53 A.2d 553.

The petition will be denied.

Application denied, without costs.