Summary
In Bowiev. Warden, 201 Md. 648, Judge Markell, for the Court, in denying leave to appeal, said "defects in an indictment and the defense of double jeopardy, if properly objected to at the trial, may be reviewed on appeal or on motion for a new trial, and not on habeas corpus."
Summary of this case from Bowie v. StateOpinion
[H.C. No. 10, October Term, 1947.]
Decided November 13, 1947.
Habeas Corpus — Procedural Details (Not Fundamental), Including Rulings on Evidence, Not Retriable On — Illegal Arrest and Holding, Not Absolution from Punishment, If Legally Indicted, Tried and Convicted.
Procedural details (not fundamental), including rulings on evidence, cannot be reviewed on habeas corpus. p. 729
Even if an accused in a criminal case is illegally arrested without a warrant and held two days without charges, he does not thereby obtain absolution from punishment when lawfully indicted, tried and convicted, and he cannot be released by habeas corpus for that reason. p. 729
Decided November 13, 1947.
Habeas corpus proceedings by Frank Bowie, Jr., against Warden of the Maryland Penitentiary wherein the writ was denied. On application for leave to appeal.
Application denied.
Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.
This is an application for leave to appeal from refusal of a writ of habeas corpus. Jackson v. Warden of Maryland House of Correction, 190 Md. 717, 60 A.2d 179, just decided.
Petitioner is imprisoned under sentence for life for rape. He alleges that he was illegally arrested without a warrant and held for two days before charges were placed against him and that the court erroneously admitted evidence (not stated) "purporting to sustain" the accusations against him without "documentary proof". Even if he was illegally arrested and held, he did not thereby obtain absolution from punishment when lawfully indicted, tried and convicted. Davis v. Brady, Warden, 188 Md. 113, 51 A.2d 827; Edmondson v. Brady, 188 Md. 96, 52 A.2d 96. Procedural details (not fundamental), including rulings on evidence, cannot be reviewed on habeas corpus. Olewiler v. Brady, 185 Md. 341, 344, 44 A.2d 807.
Application denied, without costs.