Opinion
[H.C. No. 15, October Term, 1947.]
Decided December 17, 1947.
Habeas Corpus — Guilt or Innocence and Sufficiency of Evidence Not Retriable On — Justices of the Peace — Executive Redress for Too Severe Sentence — Trial De Novo Before Circuit Court.
The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. p. 734
If sentence imposed by justice of the peace is too severe, redress may be sought through the executive authorities. p. 734
Under Code (1939), Art. 52, § 13, a trial de novo of a case decided by a justice of the peace may be obtained in the circuit court.
Decided December 17, 1947.
Habeas corpus proceeding by Henry White against the Warden of the Maryland House of Correction. On application for leave to appeal from refusal of writ.
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.
This petitioner claims that he was sentenced to one year for larceny in the People's Court in Salisbury, Maryland, which was too long a time for that offense; further, that he was sentenced for one year on the charge of assault with a knife. He says that this could not have happened because his accuser was drunk at the time. If the sentence was too severe, his redress is through the executive authorities. He could have obtained a trial de novo by appeal to the Circuit Court. Article 52, § 13; Green v. State, 113 Md. 154, 77 A. 677. The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. Olewiler v. Brady, 185 Md. 341, 344, 44 A.2d 807; Bernard v. Warden, 187 Md. 273, 49 A.2d 737; Copeland v. Wright, 188 Md. 666, 53 A.2d 553; Rountree v. Warden, 189 Md. 292, 55 A.2d 847.
Application denied, without costs.