Wright v. Brady
| Decision Date | 30 June 1942 |
| Docket Number | No. 4912.,4912. |
| Citation | 129 F.2d 109 |
| Parties | WRIGHT v. BRADY, Warden of Maryland Penitentiary. |
| Court | U.S. Court of Appeals — Fourth Circuit |
J. Y. Jordan, Jr., of Asheville, N. C., for appellant.
Robert E. Clapp, Jr., Asst. Atty. Gen. of State of Maryland (William C. Walsh, Atty. Gen. of State of Maryland, and J. Bernard Wells, State's Atty., and Paul Wolman and Anselm Sodaro, Asst. State's Attys., all of Baltimore, Md., on the brief), for appellee.
Before PARKER, DOBIE, and NORTHCOTT, Circuit Judges.
This is an appeal from an order denying a petition for a writ of habeas corpus. Defendant was convicted in a state court of the crime of burglary and was sentenced to a term of imprisonment. He complains that the court did not appoint counsel to defend him, that certain evidence was improperly admitted on the trial and that the evidence was not sufficient for his conviction. It is clear that the failure of the state court to appoint counsel did not amount to a denial of due process or oust the court's jurisdiction so as to warrant the release of the prisoner on habeas corpus. Betts v. Brady, 62 S.Ct. 1252, 86 L.Ed. ___. And certainly the federal court could not review on habeas corpus errors of the state court in the admission or rejection of testimony or the sufficiency of the evidence to support the conviction. Woolsey v. Best, 299 U.S. 1, 57 S.Ct. 2, 81 L.Ed. 3; Glasgow v. Moyer, 225 U.S. 420, 32 S.Ct. 753, 56 L.Ed. 1147; Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 57 L.Ed. 1274, 46 L.R.A.,N.S., 397. The order denying the writ of habeas corpus will be affirmed.
Affirmed.
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...273, 66 S.Ct. 116, 90 L.Ed. 61; Cash v. Huff, 4 Cir., 1944, 142 F.2d 60; Sanderlin v. Smyth, 4 Cir., 1943, 138 F.2d 729; Wright v. Brady, 4 Cir., 1942, 129 F.2d 109. 3 28 U.S.C.A. Sec. 2241; Brown v. Allen, 1953, 344 U.S. 443, 502, 73 S.Ct. 397, 97 L.Ed. 469. See, Frisbie v. Collins, 1952, ......
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Bernard v. Warden Of Md. House Of Correction.
...could not review, on habeas corpus, the sufficiency of evidence in the Baltimore Criminal court to support a conviction. Wright v. Brady, 4 Cir., 129 F.2d 109. Compare United States v. Lindsley, 7 Cir., 148 F.2d 22, 158 A.L.R. 525. The Supreme Court has held that the legal sufficiency of ev......
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Bernard v. Warden of Md. House of Correction
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