Summary
In Snead v. Warden, 215 Md. 595, 135 A.2d 630, this Court rejected a complaint by an applicant for leave to appeal from a denial of his petition for a writ of habeas corpus based upon "failure to advise him of his rights."
Summary of this case from Tillett v. WardenOpinion
[H.C. No. 31, September Term, 1957.]
Decided December 11, 1957.
HABEAS CORPUS — Irregularities in Trial — Specific Complaints. Irregularities in the trial (including lack of eyewitnesses, failure to summon petitioner's witnesses, threats by officers to induce a confession, the illegality of petitioner's arrest, failure to advise him of his rights and failure to grant him a new trial) cannot be reviewed on habeas corpus. pp. 595-596
HABEAS CORPUS — Contention Must Be Made in Petition Filed Below If Considered on Application for Leave to Appeal. Contentions which were not made in the petition for a writ of habeas corpus filed below cannot be considered on an application for leave to appeal from the denial of the writ. p. 596
J.E.B.
Decided December 11, 1957.
Habeas corpus proceeding by Richard Lee Snead 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.
This is an application for leave to appeal from the denial of a writ of habeas corpus. Petitioner was convicted of murder and robbery by Judges Henry and Taylor in the Circuit Court for Dorchester County, and sentenced to life imprisonment. In his petition below he charged irregularities in the trial, including lack of eyewitnesses, failure to summon his witnesses, threats by officers to induce a confession, illegality of his arrest, failure to advise him of his rights, and failure to grant a new trial. As we have repeatedly held, some of these matters might be reviewed on appeal, but none of them can be reviewed on habeas corpus. In his brief filed in this court petitioner now alleges that he was denied a right to appeal, and that the evidence of State's witnesses was perjured. Since neither of these contentions was made in the lengthy petition filed below, we cannot consider them here.
Application denied, with costs.