Shields v. Warden

145 A.2d 279, 218 Md. 634

Opinion

218 Md. 634 (1958) 145 A.2d 279

SHIELDS
v.
WARDEN OF MARYLAND HOUSE OF CORRECTION

[H.C. No. 7, September Term, 1958.]

Court of Appeals of Maryland.

Decided October 23, 1958.

Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

PER CURIAM:

This is an application by Nathaniel Shields for leave to appeal from the denial of a writ of habeas corpus.

The petitioner was denied an application for such leave to appeal by this Court in Shields v. Warden, 212 Md. 655. The only additional allegation raised on this appeal is that there was not sufficient evidence presented during the trial of the petitioner to justify a conviction. It is well settled that habeas corpus proceedings are not intended to be, and cannot be used as, a substitute for a motion for a new trial or an appeal, and that the sufficiency of the evidence cannot be raised by a habeas corpus proceeding. Langrehr v. Warden, 214 Md. 645; Smith v. Warden, 214 Md. 666.

Application denied, with costs.