61 A.2d 561 | Md. | 1948
This is an application for leave to appeal from refusal of a writ of habeas corpus. The appeal is filed by Elmer Meadows, who claims he is blind and is now confined in the Maryland Penitentiary on conviction of rape.
He claims that before his trial there was no preliminary hearing, that his arrest was without a warrant and his conviction was based on false testimony. He also claims that his witness was not brought into court to testify. No facts alleged show a denial of a preliminary hearing or of an opportunity to prepare his defense. He admits that he was tried on an indictment. State exrel. Kirby v. Warden Maryland House of Correction,
Even if he was illegally arrested and held, this did not absolve him from punishment when lawfully indicted, tried and convicted. Davis v. Brady,
Of course, the question of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus.Olewiler v. Brady,
He does not allege that he asked that witnesses be summoned, whether they were summoned, or what they would testify if present. Rountree v. Wright,
Application denied, without costs.