Opinion
[H.C. No. 24, October Term, 1947.]
Decided February 18, 1948.
Habeas Corpus — Not Usable as An Appeal — Evidence Not Reviewable On — Allegation in Application For Leave to Appeal That Lawyer Refused To Allow Jury Trial Requires Allegation of Facts Showing Collusion or Bad Faith — Jurisdiction — Court of Appeals, Appellate Only and No Hearing of Evidence.
The writ of habeas corpus cannot be used as an appeal or for the purpose of reviewing the evidence given in a criminal case. p. 747
The Court of Appeals has appellate jurisdiction only and cannot hear evidence in a criminal case. p. 747
Where an application for leave to appeal a habeas corpus case alleges that applicant's lawyer would not permit him to be tried by a jury but there is no allegation of facts showing collusion or bad faith on the part of his lawyer or any violation of fundamental rights, the application on that ground will be denied. p. 747
Decided February 18, 1948.
Habeas corpus proceeding by Richard Goodman against the Warden of the Maryland Penitentiary. From the refusal of a writ of habeas corpus, the petitioner applies 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.
The petitioner was convicted of murder in the first degree, without capital punishment, in the Criminal Court of Baltimore City. He was tried by the court, without a jury.
In his petition for the writ, and in his brief filed in this court, his chief complaint is that the lawyer the court appointed to defend him would not permit him to be tried before a jury; would not ask questions on direct and cross examination, which he requested him to ask; and that some of his witnesses did not appear at the trial. There is an extended analysis of the testimony of certain witnesses, with a view of showing that their evidence, together with other evidence adduced by the State, was insufficient to convict. He also complains in his petition, and in his brief, of treatment by the detectives who interviewed him before his indictment, and that he was not lined up with other men in order to determine whether certain people could identify him, and that the detectives tried to get a confession from him, which they were unable to do.
What the detectives did is irrelevant, especially as no confession by the petitioner was made. If the petitioner desired to be tried before a jury, or wanted to ask certain questions, or wanted certain witnesses, who were not present, to testify for him, he should have made these matters known to the trial court. There is no allegation in the petition that he did complain, and it is too late now. The writ of habeas corpus cannot be used as an appeal or for the purpose of reviewing the evidence given in a criminal case. This court has appellate jurisdiction only, and cannot hear evidence in a criminal case, as the petitioner prays us to do. There was no allegation in the petition of facts showing collusion or bad faith on the part of his counsel or any violation of fundamental rights. See cases below. Application denied, without costs.
Blundon v. Warden of Maryland House of Correction, 190 Md. 740, 60 A.2d 524; Walker v. Warden of Maryland Penitentiary, 190 Md. 729, 60 A.2d 523; Olewiler v. Brady, Warden, 185 Md. 341, 44 A.2d 807.