Opinion
[H.C. No. 20, October Term, 1947.]
Decided December 17, 1947.
Habeas Corpus — Guilt or Innocence and Sufficiency of Evidence Not Retriable On — Mistake in Name as Ground For.
The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. p. 741
Where, in application for leave to appeal a habeas corpus case, applicant alleges that he was committed as Lawrence L. Blundon, while his true name is Lawrence F. Blundon but does not allege that he is not the man who was tried, convicted and committed for the offense charged, his application on the ground of mistake in name will be denied. p. 741
Decided December 17, 1947.
Habeas corpus proceedings by Lawrence F. Blundon against the Warden of the Maryland House of Correction, wherein the petitioner filed application for leave to appeal from the refusal of the 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 man claims that he was charged with assault before a magistrate in Hyattsville, Maryland, and was sentenced to eighteen months on each charge. He says that the only witnesses were two girls and that all they accused him of doing was kissing them. He also says that he was committed as Lawrence L. Blundon, while his true name is Lawrence F. Blundon. The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. Rountree v. Warden, 189 Md. 292, 55 A.2d 847. As to the mistake in name, he does not allege that he is not the man who was tried, convicted, and committed for the offense charged.
Application denied, without costs.