Opinion
[H.C. No. 31, October Term, 1947.]
Decided May 21, 1948.
Habeas Corpus — Illegal Arrest and Holding Not Grounds For, If Legally Indicted, Tried and Convicted.
Even if an accused in a criminal case was illegally arrested and held, he cannot for that reason escape punishment when lawfully indicted, tried and convicted and he cannot be released on habeas corpus for that reason. p. 759
Decided May 21, 1948.
Proceeding by the State, on the relation of Marsh V. Wilson, against Warden of the Maryland Penitentiary for writ of habeas corpus wherein the writ was denied. On application for leave to appeal.
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. Petitioner is imprisoned under sentence of seven years for burglary, larceny and forgery. He alleges that he was illegally arrested at his residence "without a search warrant" and was detained at Police Headquarters without benefit of counsel. Even if he was illegally arrested and held, he cannot for that reason escape punishment when lawfully indicted, tried and convicted. Davis v. Brady, 188 Md. 113, 51 A.2d 827; Bowie v. Warden, 190 Md. 728, 60 A.2d 185, decided November 13, 1947.
Application denied, without costs.