STATE EX REL. MENTZER v. WARDEN, 191 Md. 744 (1948)

59 A.2d 762

STATE EX REL. MENTZER v. WARDEN OF MARYLAND HOUSE OF CORRECTION

[H.C. No. 5, October Term, 1948.]Court of Appeals of Maryland.
Decided June 16, 1948.

Habeas Corpus — No Preliminary Hearing Before Indictment Not Ground for Release On.

A preliminary hearing prior to indictment for a criminal offense is not necessary and lack of one is no ground for release on habeas corpus. p. 745

Decided June 16, 1948.

Habeas corpus proceedings by State, on the relation of Theodore Mentzer, against Warden of the Maryland House of Correction, wherein application was denied. On petitioner’s application for leave to appeal.

Page 745

Application denied.

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

PER CURIAM.

Petitioner applies for leave to appeal from the denial of a writ of habeas corpus by Judge Michael J. Manley of the Supreme Bench of Baltimore. He was convicted in the Circuit Court for Frederick County of assault and battery and sentenced to five years in the Maryland House of Correction.

Petitioner complains of not having a preliminary hearing. This is not necessary for the obtention of a valid indictment. He also states he was denied the opportunity to summons witnesses and to take the stand in his own defense. Petitioner was represented by counsel at his trial. Habeas corpus cannot be made a substitute for appeal.

Application denied, without costs.