Opinion
[H.C. No. 35, October Term, 1948.]
Decided May 10, 1949.
Habeas Corpus — Illegal Arrest and Holding, No Escape from Punishment, When Legally Indicted, Tried and Convicted — Admission of Evidence Obtained Without Search Warrant, Not Retriable On — Absence of Witnesses — Where Not Shown That They Were Summoned or That Petitioner Desired Them, No Release On — Inadequate Representation by Attorney — If Dissatisfaction Not Expressed At Trial, No Release On — Guilt or Innocence and Credibility and Weight of Evidence, Not Triable On.
Even if an accused in a criminal case is illegally arrested and held, he cannot for that reason escape punishment when lawfully indicted, tried and convicted. p. 707
Even if articles, obtained from an accused without a search warrant, were offered in evidence against him, that question cannot be retried on habeas corpus. p. 707
Where petitioner for writ of habeas corpus alleges that he was unlawfully deprived of witnesses who would have testified in his behalf but does not allege that the witnesses were summoned or that he made known to the court his desire for them, he cannot be released on that ground. p. 707
Where such petitioner alleges he was deprived of attorney until day of trial and attorney whom he employed was so under influence of liquor that he could not properly represent him but does not allege that he expressed any dissatisfaction with attorney's service at trial, he cannot be released on that ground. p. 707
The question of guilt or innocence and credibility and weight of the evidence cannot be tried on habeas corpus. p. 708 Decided May 18, 1949.
Habeas corpus proceeding by Martin Thomas Tabor against Edwin T. Swenson, Warden of the Maryland Penitentiary. From an order refusing the writ, petitioner applies for leave to appeal.
Application denied.
Before MARBURY, C.J. and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.
This is an application for leave to appeal from the refusal of a writ of habeas corpus.
The petitioner alleges that he was arrested without a warrant and was illegally searched and his personal property unlawfully seized and subsequently introduced in evidence against him. 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; Wright v. Swenson, Warden, 191 Md. 762, 62 A.2d 573. Even if the articles obtained from him without a search warrant were offered in evidence against him, that question cannot be retried on habeas corpus. Wright v. Swenson, Warden, supra.
He further alleges that he was unlawfully deprived of witnesses who would have testified in his behalf. He does not allege that summonses were issued for these witnesses or that he made his desire for witnesses known to the trial court. Goodman v. Warden of Maryland Penitentiary, 190 Md. 746, 60 A.2d 527. He further alleges that he was deprived of any communication with an attorney until the day of his trial and on that day the attorney, whom he employed, was under the influence of strong intoxicants and therefore unable to properly represent him. He does not allege that he expressed any dissatisfaction with the services of his lawyer at the time of trial. Goodman v. Warden of Maryland Penitentiary, supra; Washington v. Warden, Maryland House of Correction, 191 Md. 760, 61 A.2d 561. As to his contention that false testimony was offered against him, the question of guilt or innocence and credibility and weight of the evidence cannot be tried on habeas corpus. Rountree v. Wright, 189 Md. 292, 55 A.2d 847, and cases there cited.
Application denied, without costs