Opinion
[H.C. No. 72, October Term, 1956.]
Decided April 12, 1957.
HABEAS CORPUS — Evidence — Weight and Sufficiency of. The weight and sufficiency of the evidence cannot be raised on habeas corpus. p. 626
HABEAS CORPUS — Confession — Obtention by Force. A complaint that force was used to obtain a confession goes to its voluntary character and can be raised on appeal, but not on habeas corpus. p. 626
HABEAS CORPUS — Counsel — Proper Protection of Petitioner's Rights by. A complaint that petitioner's counsel did not properly protect his rights is no ground for a writ of habeas corpus, in the absence of any allegations of collusion or fraud with State officials, or objections raised in the trial court. p. 626
DOUBLE JEOPARDY — Re-Arrest After Accused Was Placed in Lineup and Released Did Not Constitute. An accused was not placed in double jeopardy because he was arrested once by the police, placed in a lineup, released and then re-arrested. Rule stated. p. 626
HABEAS CORPUS — Double Jeopardy. A claim of double jeopardy cannot be raised on habeas corpus. p. 626
J.E.B.
Decided April 12, 1957.
Habeas corpus proceeding by Leroy Jefferson Hicks against the Warden of the Maryland Penitentiary. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.
This is an application by Leroy Jefferson Hicks for leave to appeal from a denial of a writ of habeas corpus by Judge Lester L. Barrett of the Circuit Court for Baltimore County. Petitioner was convicted of armed robbery on August 31, 1955, in the Criminal Court of Baltimore and sentenced to twenty years in the Maryland Penitentiary.
Petitioner sets out a statement of the alleged facts in the case, and questions the weight and sufficiency of the evidence. Such questions cannot be raised on habeas corpus. Williams v. Warden, 211 Md. 621, 125 A.2d 672.
Petitioner complains that force was used to obtain a confession. This goes to its voluntary character and such a question could be raised on appeal, but may not be reviewed on habeas corpus. White v. Warden, 211 Md. 623, 126 A.2d 294.
The petitioner's complaint that his counsel did not properly protect his rights is not a ground for a writ of habeas corpus in the absence of any allegations of collusion or fraud with State officials, or objections raised in the trial court. Davis v. Warden, 211 Md. 617, 125 A.2d 674.
Petitioner also complains that he was placed in double jeopardy because the police arrested him once, placed him in a police lineup, released him and then re-arrested him. This does not constitute double jeopardy. Even if it did, it could not be raised on habeas corpus. Miller v. Warden, 210 Md. 676, 124 A.2d 286, and cases there cited.
Application denied, with costs.