64 A.2d 712
[H.C. No. 23, October Term, 1948.]Court of Appeals of Maryland.
Decided March 9, 1949.
Habeas Corpus — Confession Obtained By Force — Requires Allegation of Admission In Evidence And, If So, Objection — Guilt or Innocence Not Retriable On.
Where applicant for leave to appeal from denial of writ of habeas corpus alleges that he was forced to sign a confession but does not state whether it was admitted in evidence and, if so, whether objected to, the application will be denied. pp. 727-728
The question of guilt or innocence cannot be retried on habeas corpus. p. 728
Decided March 9, 1949.
Habeas corpus proceeding by State of Maryland, on the relation of James Thomas, against the Warden of Maryland Penitentiary. From a judgment refusing the writ, 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 is imprisoned under sentence of seven years for burglary. He says he is not guilty and asks an opportunity to call witnesses to prove an alibi. He also says “he was castigated by two officers”, who forced him to sign a confession, but does not say whether the confession was admitted in evidence and, if so, whether he objected to it. The record
Page 728
contains no copy of any docket entries or proceedings in the Criminal Court. The question of guilt or innocence cannot be retried on habeas corpus.
Application denied, without costs.