Carroll v. Warden, Md. Penitentiary, 14
| Decision Date | 11 November 1952 |
| Docket Number | No. 14,14 |
| Citation | 92 A.2d 449,201 Md. 647 |
| Parties | CARROLL v. WARDEN, MARYLAND PENITENTIARY. |
| Court | Maryland Court of Appeals |
Before MARKELL, C. J., and DELAPLAINE, COLLINS, and HENDERSON, JJ.
This is an application for leave to appeal from denial of a writ of habeas corpus. Petitioner is imprisoned under sentence for 20 years on conviction of assault with intent to rape. The alleged offense was committed at or near a prison camp near Elkton of which petitioner was a member. At the time he was under a sentence of 4 years which has since expired. He alleges that he was not guilty and (with great detail) that the evidence so indicates. He alleges that he was 'denied' 'taking the stand' by his court-appointed counsel, but not that he made any complaint to the court concerning this advice or 'denial'. It appears that he has made repeated applications for habeas corpus on the same grounds, all of which applications have been denied. Habeas corpus cannot be made to serve the purpose of an appeal or a new trial of the question of guilt or innocence.
Application denied, with costs.
To continue reading
Request your trial
-
Roberts v. Warden of Md. Penitentiary
...190 Md. 729, 60 A.2d 523; Ahern v. Warden of Maryland House of Correction, 203 Md. 672, 100 A.2d 645; Carroll v. Warden of Maryland Penitentiary, 201 Md. 647, 92 A.2d 449; Johnson v. Warden of Maryland Penitentiary, 200 Md. 654, 90 A.2d 221; Gillum v. Warden of Maryland Penitentiary, 200 Md......
-
Hall v. Warden, Md. Penitentiary, 48
...Spencer v. Warden, 222 Md. 582, 158 A.2d 317; Barker v. Warden, 208 Md. 662, 666, 119 A.2d 710 (a habeas corpus case); Carroll v. Warden, 201 Md. 647, 92 A.2d 449, certiorari denied 344 U.S. 910, 73 S.Ct. 331, 97 L.Ed. 702 (also a habeas corpus case). The applicant's contention would seem t......
- Bowie v. Warden, Md. Penitentiary, 15