State ex rel. Tabor v. Swenson

• Decision Date: 12 April 1950
• Docket Number: 39.
• Citation: 72 A.2d 684,195 Md. 710
• Parties: STATE ex rel. TABOR v. SWENSON, Warden, Maryland Penitentiary.
• Court: Maryland Court of Appeals

72 A.2d 684

195 Md. 710

STATE ex rel. TABOR v. SWENSON, Warden, Maryland Penitentiary.

No. 39.

Court of Appeals of Maryland.

April 12, 1950

Before MARBURY, C. J., and COLLINS, GRASON, HENDERSON and MARKELL, JJ.

HENDERSON, Judge.

This is an application for leave to appeal from a refusal of a writ of habeas corpus. This is the second application for appeal by the petitioner. Md., 66 A.2d 205, certiorari denied, 337 U.S. 947, 69 S.Ct. 1506. He was tried and convicted on a charge of burglary and sentenced to ten years imprisonment. In addition to the grounds discussed in the previous application, he now contends that the 'statutory burglary laws of Maryland' are so vague, ambiguous and uncertain as to be unconstitutional, and that the indictment was not in conformity with the statutes or common law. It is sufficient to state that such questions cannot be reviewed on habeas corpus. Cf. Loughran v. Warden of Md. House of Correction, Md., 64 A.2d 712 and Winegard v. Warden of the Md. Penitentiary, Md., 69 A.2d 685.

Application denied, without costs.