State Ex Rel. Burger v. Wright, 2.
| Decision Date | 03 November 1947 |
| Docket Number | No. 2.,2. |
| Citation | 55 A.2d 332 |
| Parties | STATE ex rel. BURGER v. WRIGHT, Warden. |
| Court | Maryland Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Baltimore County; J. Howard Murray, Judge.
Habeas corpus proceeding by the State, on the relation of James Burger, against J. LeRoy Wright, Warden. From an order denying the writ, relator appeals.
Affirmed.
James Burger, in pro. per.
Hall Hammond, Atty. Gen., and J. Edgar Harvey, Asst. Atty. Gen., for appellee.
Before MARBURY, C. J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.
Appellant was denied the writ of habeas corpus by Judge Murray of the Third Judicial Circuit, and appeals here. He states that he was convicted in the Circuit Court for Washington County of the crime of larceny, alleged to have occurred on the 7th day of August 1946. From the 6th day of August to the 10th day of August 1946, he was confined in jail at Hagerstown. He therefore claims that on August the 7th he could not have committed the larceny with which he was charged. For that reason he thinks he is illegally confined in the House of Correction, and asks that he be released on a writ of habeas corpus.
The legal sufficiency of the evidence leading to appellant's conviction is not a matter to be inquired into on habeas corpus. Bernard v. Warden, Md., 49 A. 2d 737; Rexroad v. Warden, Md., 53 A.2d 273; Harlan v. McGourin, 218 U.S. 442, 31 S.Ct. 44, 54 L.Ed. 1101, 21 Ann.Cas. 849. He has shown no denial of his fundamental rights. Nance v. Warden, Md., 53 A.2d 554, 555. The question of his guilt or innocence cannot be retried on habeas corpus. Olewiler v. Brady, 185 Md. 341, 44 A.2d 807. The judge to whom the application was presented was therefore correct in holding that he could do nothing for appellant and in denying the writ.
His order will be affirmed.
Order affirmed without costs.
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