Opinion
[H.C. No. 23, September Term, 1957.]
Decided October 28, 1957.
HABEAS CORPUS — Confession — Voluntary Character of — Securing by Fraud. The question of the voluntary character of a confession is one for the trial court, and for this Court on appeal, but it cannot be reviewed on habeas corpus. A bald allegation of fraud, with respect to the securing of a confession, without stating the facts that constituted such fraud, is insufficient on habeas corpus. pp. 627-628
HABEAS CORPUS — Medical Testimony from Petitioner's Doctors. Assuming that the question was open on habeas corpus, a complaint that petitioner's constitutional rights were violated at his trial on criminal charges, in that the court allegedly refused to hear the testimony of his doctors, who had examined him, formed no basis for the granting of the writ, where there was nothing to show that petitioner requested either his counsel or the court to call the doctors, and there was no showing as to what facts they could have testified, if called. p. 628
CRIMINAL LAW — Speedy Trial — Waiver of. A right to a speedy trial was waived, where there was nothing to show that an accused requested the same. p. 628
HABEAS CORPUS — Improper Delay in Trial. A prisoner cannot be released on habeas corpus after conviction, though his trial might have been improperly delayed. p. 628
J.E.B.
Decided October 28, 1957.
Habeas corpus proceeding by Richard Melvin Dyer against the Warden of the Maryland House of Correction. 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.
Richard Melvin Dyer has made application to appeal from a denial of his petition for the issuance of a writ of habeas corpus by Judge Sodaro in the Baltimore City Court. He was convicted of murder in the second degree on March 12, 1957, in the Circuit Court for Talbot County, and sentenced to serve five years in the House of Correction.
I
He first contends that he was "hoodwinked" into signing a confession, and that the statement was taken from him by "out and out fraud". This Court has repeatedly held that the question of the voluntariness of a confession is one for the trial court, and this Court on appeal, but it cannot be reviewed on habeas corpus. White v. Warden, 211 Md. 623, 624, 126 A.2d 294; Johnson v. Warden, 212 Md. 652, 653, 129 A.2d 84. A bald allegation of fraud, without stating the facts that constituted such fraud, is not a sufficient basis for the issuance of the writ of habeas corpus.
II
The petitioner next complains that his constitutional rights were violated at the trial in that the court refused to hear the testimony of his doctors, who had examined him. If we assume this to be a proper question for consideration in habeas corpus proceedings, there is nothing to show that the petitioner requested either his counsel or the court to call the doctors, nor is there any showing as to what facts they could have testified, if called. Under these circumstances, this contention forms no basis for the granting of the writ. Walker v. Warden, 198 Md. 653, 654, 80 A.2d 614; Wilson v. Warden, 198 Md. 663, 664, 665, 80 A.2d 897.
III
The petitioner asserts as his final reason for the issuance of the writ that he was denied a speedy trial, in that he was detained in jail for six months after his arrest, then sent to a hospital for examination, and not brought to trial until March 12, 1957. There is nothing in the record that discloses the petitioner requested a speedy trial; therefore his right to the same was waived. Harris v. State, 194 Md. 288, 297, 71 A.2d 36. Furthermore, this Court has held that a prisoner cannot be released on habeas corpus after conviction, though his trial might have been improperly delayed. Agner v. Warden, 203 Md. 665, 667, 99 A.2d 735.
Application denied, with costs.