Chinquina v. Warden, Md. House of Correction, 40

Decision Date16 May 1951
Docket NumberNo. 40,40
Citation198 Md. 658,80 A.2d 612
PartiesCHINQUINA v. WARDEN, MARYLAND HOUSE OF CORRECTION.
CourtMaryland Court of Appeals

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

MARBURY, Chief Justice.

This is an application for leave to appeal from a refusal of a writ of habeas corpus by Judge Manley of the Supreme Bench of Baltimore City. The applicant was tried and convicted in the Circuit Court for Prince George's County on a charge of theft of an automobile. He contends that he was illegally convicted because the arresting officers at one trial (apparently of someone else) testified before Judge France in Baltimore that they could not identify him as one of the men who got out of a stolen automobile, but, at petitioner's trial in Prince George's County, they did testify that he was one of those men. The legal sufficiency of the evidence, or the question of guilt or innocence, or the commission of perjury by witnesses, cannot be made a basis for the issuance of a writ of habeas corpus. Copeland v. Wright, 188 Md. 666, 53 A.2d 553. Walker v. Wright, 189 Md. 290, 55 A.2d 848.

Application denied with costs.

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12 cases
  • Height v. Director, Patuxent Institution
    • United States
    • Maryland Court of Appeals
    • March 9, 1956
    ...of the arresting officers as to identification of the petitioner as given in two different cases. Chinquina v. Warden of Maryland House of Correction, 198 Md. 658, 80 A.2d 612. In the instant case absolutely no facts are alleged to substantiate the bald assertion of perjury by the arresting......
  • Legrand v. Warden of the House of Correction, 19
    • United States
    • Maryland Court of Appeals
    • December 8, 1954
    ...of the evidence. Tutt v. Warden of Maryland Penitentiary, 199 Md. 691, 693, 87 A.2d 523. See also Chinquina v. Warden of Maryland House of Correction, 198 Md. 658, 80 A.2d 612; Sykes v. Warden of Maryland Penitentiary, 201 Md. 662, 93 A.2d 549; Thanos v. Superintendent, Maryland State Refor......
  • Medley v. Warden of Md. House of Correction, 5
    • United States
    • Maryland Court of Appeals
    • June 22, 1955
    ...raised on habeas corpus, Thanos v. Superintendent, 204 Md. 665, 104 A.2d 926; Tutt v. Warden, 199 Md. 691, 87 A.2d 523; Chinquina v. Warden, 198 Md. 658, 80 A.2d 612; the legality of a search and seizure may be raised on appeal, but may not be relied on to support a petition of habeas corpu......
  • State ex rel. Georgevich v. Warden of Md. Penitentiary, 4
    • United States
    • Maryland Court of Appeals
    • October 1, 1955
    ...are subject to review upon appeal, but may not be raised on habeas corpus. Sykes v. Warden, 201 Md. 662, 93 A.2d 549; Chinquina v. Warden, 198 Md. 658, 80 A.2d 612; Tutt v. Warden, 199 Md. 691, 87 A.2d 523; Thanos v. Superintendent, 204 Md. 665, 104 A.2d 926; Laslo v. Warden, 204 Md. 663, 1......
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