Johnson v. Warden of Md. Penitentiary, 64
Decision Date | 07 February 1957 |
Docket Number | No. 64,64 |
Citation | 129 A.2d 84,212 Md. 652 |
Parties | Jack Roosevelt JOHNSON v. WARDEN OF THE MARYLAND PENITENTIARY. Application |
Court | Maryland Court of Appeals |
Before BRUNE, C. J., and COLLINS, HENDERSON, HAMMOND, and PRESCOTT, JJ.
The petitioner, who seeks leave to appeal from the denial of the writ of habeas corpus by Judge Barrett of the Circuit Court for Baltimore County, has failed to show that the writ should issue. He was convicted of robbery with a deadly weapon, burglary, robbery and assault with intent to kill and sentenced by Judge Moser to thirty-five years in the Penitentiary. He contends that his confession was obtained by means of police brutality, that the evidence was insufficient to convict him, that he was not guilty and that his court appointed attorney 'did nothing' in his behalf.
The contention that force was used to 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 that the sufficiency of the evidence or the guilt or innocence of the accused may be reviewed on appeal, but habeas corpus cannot be used to serve that purpose. Bergen v. Warden, 208 Md. 677, 119 A.2d 438; Freidel v. Warden, 205 Md. 657, 109 A.2d 50. The petitioner's final contention amounts to a general allegation that his counsel was incompetent. He does not allege, nor is it shown, that he complained to the court about his counsel nor is there any allegation or showing of fraud, bad faith or collusion with an official of the State. Unsupported allegations of incompetence cannot be a ground for issuance of the writ. Barker v. Warden, 208 Md. 662, 119 A.2d 710; Legrand v. Warden, 205 Md. 662, 109 A.2d 908; Wagner v. Warden, 205 Md. 648, 109 A.2d 118.
Application denied with costs.
To continue reading
Request your trial-
Whitley v. Warden, Md. House of Correction, 78
...220 Md. 652, 155 A.2d 897. The involuntary 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 ......
-
Topp v. Superintendent of Md. Reformatory for Males
...denied Presley v. Peppersack, 348 U.S. 955,75 S.Ct. 445, 99 L.Ed. 746; White v. Warden, 211 Md. 623, 126 A.2d 294; Johnson v. Warden, 212 Md. 652, 129 A.2d 84; Hicks v. Warden, 213 Md. 625, 130 A.2d 761. We may note that the applicant was represented by counsel. Cf. Uveges v. Commonwealth o......
-
Carter v. Warden, Md. House of Correction, 115
...trial, Shields v. Warden, 212 Md. 655, 656, 129 A.2d 72; (2) that the charge of arson was not proven at his trial, Johnson v. Warden, 212 Md. 652, 653, 129 A.2d 84; (3) that postponement of his trial was refused, Lawrenson v. Warden, 212 Md. 664, 666, 130 A.2d 586; and (4) that the court re......
-
Winegan v. Warden of Md. House of Correction, 29
...139. Unsupported allegations of incompetency of an attorney cannot be a ground for issuance of the writ of habeas corpus. Johnson v. Warden, 212 Md. 652, 129 A.2d 84. Petitioner also complains that he was convicted on perjured testimony. He does not allege that there was any collusion with ......