Opinion
[No. 20, October Term, 1950.]
Decided December 6, 1950.
Habeas Corpus — Grounds Allegedly Showing Insufficiency of Indictment To Charge Crime Convicted Of, Held Not To Go To Jurisdiction of Court and Not Reviewable on.
The grounds alleged to show insufficiency of the indictment to charge the crime for which petitioner for a writ of habeas corpus was convicted were held not to got to the jurisdiction of the court and not reviewable on habeas corpus. p. 682
Decided December 6, 1950.
Habeas corpus proceeding by John P. Byars against Warden of Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied.
Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
This is an application for leave to appeal from a refusal of a writ of habeas corpus. The applicant was sentenced to ten years for breaking and entering in Charles County. He attacks the sufficiency of the indictment to charge the crime for which he was convicted on various grounds. None of these grounds go to the jurisdiction of the court and they cannot be reviewed on habeas corpus. State ex rel. Tabor v. Swenson, 195 Md. 710, 72 A.2d 684, and cases cited.
Application denied, with costs.