Eberle v. Warden of Md. Penitentiary
| Decision Date | 04 April 1956 |
| Docket Number | No. 31,31 |
| Citation | 209 Md. 657,121 A.2d 708 |
| Parties | Henry E. EBERLE v. WARDEN OF the MARYLAND PENITENTIARY. |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge Deeley K. Nice of the Supreme Bench of Baltimore City.
The petitioner pleaded guilty on March 7, 1945, to many charges of burglary in the Criminal Court of Baltimore. He was sentenced by Judge Moser to thirty-five years in the Maryland Penitentiary. In February, 1948, upon the request of the First Assistant District Attorney of Philadelphia, Judge Sherbow order that the petitioner be taken to Philadelphia to stand trial and immediately returned to Maryland, whether found guilty or not guilty. He pleaded guilty in Philadelphia and was sentenced to a term of from twenty-five to fifty years.
The petitioner contends that he was not represented by counsel, and that he was illegally removed to the State of Pennsylvania and returned to Maryland. These same contentions of the petitioner were answered by this Court in his previous application to appeal from the denial of a writ of hebeas corpus on March 31, 1949, in the case of State ex rel. Eberle v. Warden, 192 Md. 731, 65 A.2d 291.
The petitioner further contends that his confession was improperly obtained from him by force and threats. The allegation that force and threats were used to obtain a confession cannot be raised on habeas corpus. State ex rel. Freeland v. Warden, 193 Md. 696, 65 A.2d 886; Presley v. Warden, 205 Md. 660, 109 A.2d 922, certiorari denied 348 U.S. 955, 75 S.Ct. 445, 99 L.Ed. 746; Presley v. Peppersack, 4 Cir., 227 F.2d 325.
Application denied, with costs.
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Whitley v. Warden, Md. House of Correction, 78
...character of a confession can also be raised on appeal, but not collaterally. Johnson v. Warden, 212 Md. 652, 129 A.2d 84; Eberle v. Warden, 209 Md. 657, 121 A.2d 708; Randall v. Warden, 208 Md. 667, 119 A.2d 712; Davis v. Warden, 208 Md. 675, 119 A.2d 365; Ferguson v. Warden, 218 Md. 644, ......
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Johnson v. Warden of Md. Penitentiary, 64
...obtain a confession is pertinent at the trial in testing the voluntariness of the confession but cannot be raised on habeas corpus. Eberle v. Warden, 209 Md. 657, 119 A.2d 708; Randall v. Warden, 208 Md. 667, 119 A.2d 712; Davis v. Warden, 208 Md. 675, 119 A.2d 365. We have repeatedly said ......
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Ferguson v. Warden, Md. House of Correction, 9
...or upon appeal, but cannot form the basis for a writ of habeas corpus. Johnson v. Warden, 212 Md. 652, 129 A.2d 84; Eberle v. Warden, 209 Md. 657, 121 A.2d 708. Application denied, with ...