Opinion
[H.C. No. 9, September Term, 1958.]
Decided November 13, 1958.
HABEAS CORPUS — Confession — Voluntary Nature of. The voluntary nature of a confession may be raised and contested at the trial of a defendant or upon appeal, but not by habeas corpus. p. 645
J.E.B.
Decided November 13, 1958.
Habeas corpus proceeding by LeRoy Sylvester Ferguson 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.
In a petition for leave to appeal from the denial of his application for a writ of habeas corpus, the applicant makes but one contention, i.e., that a confession was obtained from him by "unorthodox and unfair methods used by the police officers." The voluntary nature of a confession may be raised and contested at the trial of a defendant or upon appeal, but cannot form the basis for a writ of habeas corpus. Johnson v. Warden, 212 Md. 652; Eberle v. Warden, 209 Md. 657.
Application denied, with costs.