Opinion
[H.C. No. 115, September Term, 1957.]
Decided April 29, 1958.
HABEAS CORPUS — Separate Trial — Refusal of. The alleged refusal of a separate trial is not available on habeas corpus. p. 655
HABEAS CORPUS — Proof of Crime. A claim that the crime was not proven at petitioner's trial cannot be raised on habeas corpus. p. 655
HABEAS CORPUS — Postponement of Trial — Refusal of. The alleged refusal to postpone a trial on criminal charges is not available as a basis for issuing a writ of habeas corpus. p. 655
HABEAS CORPUS — Character Witnesses — Refusal of. The alleged refusal to allow character witnesses to testify is not available on habeas corpus. p. 655
J.E.B.
Decided April 29, 1958.
Habeas corpus proceeding by Ira Chester Carter against the Warden of the Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
We have repeatedly held that each of the contentions raised by the appellant is not available as a basis for the issuance of a writ of habeas corpus: (1) that he was refused the right to a separate trial, Shields v. Warden, 212 Md. 655, 656; (2) that the charge of arson was not proven at his trial, Johnson v. Warden, 212 Md. 652, 653; (3) that postponement of his trial was refused, Lawrenson v. Warden, 212 Md. 664, 666; and (4) that the court refused to allow character witnesses to testify, Davis v. Warden, 208 Md. 675.
Application denied, with costs.