Opinion
[H.C. No. 110, September Term, 1957.]
Decided April 29, 1958.
HABEAS CORPUS — Search and Seizure Unlawful. A complaint that a search and seizure was unlawful cannot be raised on habeas corpus. p. 650
HABEAS CORPUS — Indictment Defective. A claim that the indictment was defective cannot be reviewed on habeas corpus. p. 650
HABEAS CORPUS — Premature, until Concededly Valid Portion of Sentence Served. Where petitioner complained on habeas corpus that his sentence for a criminal offense exceeded the maximum permitted by law, his petition was premature until he had served so much of the sentence as he conceded to be within the power of the court to impose. pp. 650-651
J.E.B.
Decided April 29, 1958.
Habeas corpus proceeding by James W. Plump 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 HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
Applicant for leave to appeal from a denial of a writ of habeas corpus by Judge Michaelson of the Circuit Court for Anne Arundel County complains that he was subjected to unlawful search and seizure and that his indictment was defective. We have repeatedly held that neither ground can be raised on habeas corpus. Applicant further contends that his four-year sentence exceeds the maximum permitted by law (as to which we express no opinion), but until he serves so much of the sentence as he concedes was within the power of the court to impose (eighteen months), which the record shows he is far from having done, his application is premature and will not be entertained. Ramberg v. Warden, 209 Md. 631, 633.
Application denied, with costs.