Lewis v. Warden of Md. Penitentiary, 20
| Decision Date | 04 December 1953 |
| Docket Number | No. 20,20 |
| Parties | LEWIS v. WARDEN OF MARYLAND PENITENTIARY. |
| Court | Maryland Court of Appeals |
Before SOBELOFF, 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. Petitioner was convicted in the Circuit Court for Caroline County upon an indictment containing counts of larceny and receiving stolen goods. Nol pros was entered to the first count and there was a plea of guilty to the second. Petitioner was sentenced to eight years. He contends that he was erroneously sentenced under the first count. The record does not support the contention, and in any event the sentence under the second count would be effective. Cf. Bowen v. Warden, Md. House of Correction, Md., 92 A.2d 384. He also alleges that the commitment erroneously shows conviction on the first count. If true, this would call for correction of the commitment but not for his release. State ex rel. Justice v. Warden of Md. Penitentiary, Md., 97 A.2d 906.
Petitioner also contends that his arrest was illegal, that he was held in jail an unreasonable length of time before trial, and that there was 'fraud, collusion and trickery' on the part of the State. On the first two points we have held repeatedly that they cannot be reviewed on habeas corpus. On the last point, the petitioner does not supply any details of the charge nor any proof. Cf. Hickman v. Warden, Md. House of Correction, Md., 99 A.2d 730; Edwards v. Warden, Md. Penitentiary, 198 Md. 686, 85 A.2d 49; Peoples v. Warden, Md. Penitentiary, 198 Md. 688, 84 A.2d 695.
Application denied, with costs.
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Presley v. Warden of Md. Penitentiary, 18
...Barr v. Warden, 200 Md. 657, 90 A.2d 216; nor can the legality of arrest--see Spence v. Warden, 204 Md. 661, 103 A.2d 345; Lewis v. Warden, 203 Md. 676, 100 A.2d 803; Cumberland v. Warden, Md., 109 A.2d 66; nor can his allegations that the police used force and threats to gain incriminating......
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Whitley v. Warden of Md. House of Correction, 23
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Wilson v. Warden, Md. House of Correction
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