Finley v. Warden of Md. House of Correction

Decision Date30 November 1956
Docket NumberNo. 39,39
Citation211 Md. 650,127 A.2d 134
CourtMaryland Court of Appeals
PartiesFloyd Calhoun FINLEY v. WARDEN OF THE MARYLAND HOUSE OF CORRECTION. Application

Before BRUNE, C. J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.

HENDERSON, Judge.

This is an application for leave to appeal from the denial of a writ of habeas corpus. The petitioner was convicted in the Circuit Court for Anne Arundel County of assault with intent to murder, and sentenced to nine years in the House of Correction. He was represented by an attorney appointed by the court.

The petitioner contends that the trial court was in error in holding that the nail file with which he stabbed his estranged wife was a lethal or deadly weapon. It is sufficient to observe that if this was error, it is not such an error as would be reviewable on habeas corpus. Moreover, it is clear that the use of a lethal or deadly weapon is not an essential ingredient of the crime charged.

The petitioner further contends that the prosecuting witness, after the trial, admitted that she 'could not say for sure' that the petitioner threatened to kill her, as she had testified at the trial. The mere recantation of testimony furnishes no basis for the issuance of a writ of habeas corpus, even if her testimony at the trial was false. Thanos v. Superintendent, 204 Md. 665, 104 A.2d 926; State ex rel. Billman v. Warden, 197 Md. 683, 79 A.2d 540. Cf. Madison v. State, 205 Md. 425, 434, 109 A.2d 96.

Final...

To continue reading

Request your trial
6 cases
  • Tillett v. Warden of Md. House of Correction
    • United States
    • Maryland Court of Appeals
    • October 21, 1959
    ...both cited above, and Roberts v. Warden, 206 Md. 246, 111 A.2d 597. As to (4)--relating to the right of appeal--see Finley v. Warden, 211 Md. 650, 127 A.2d 134. As to (5)--relating to a statement before imposing of sentence--see Pride v. Warden, 215 Md. 601, 602, 137 A.2d Tillett's remainin......
  • Cooper v. Warden of Md. House of Correction, 14
    • United States
    • Maryland Court of Appeals
    • November 20, 1957
    ...denied, with costs. 1 As to a contention somewhat similar to that which the appellant's brief seeks to raise, see Finley v. Warden, 211 Md. 650, 127 A.2d 134, in which it was held that not notifying a defendant of his right of appeal was not the equivalent of denying him such a ...
  • Northington v. Warden of Md. Penitentiary
    • United States
    • Maryland Court of Appeals
    • November 23, 1959
    ...a denial of the right. See Davis v. Warden, 217 Md. 662, 143 A.2d 77; Cooper v. Warden, 214 Md. 629, 632, 136 A.2d 367; Finley v. Warden, 211 Md. 650, 652, 127 A.2d 134. As to (4), the bald allegation of perjury does not call for relief under the Act. State v. D'Onofrio, Md., 155 A.2d Appli......
  • Davis v. Warden of Md. Penitentiary, 125
    • United States
    • Maryland Court of Appeals
    • June 19, 1958
    ...perfect an appeal and that there was no duty on the trial judge to advise the defendant that he had a right to appeal (Finley v. Warden, 1956, 211 Md. 650, 127 A.2d 134). The petitioner's other general contentions of denial of counsel at the time of his arrest and that certain testimony was......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT