State Ex Rel. Barnes v. Warden

60 A.2d 183, 190 Md. 724, 1947 Md. LEXIS 379
CourtCourt of Appeals of Maryland
DecidedNovember 13, 1947
Docket[H.C. No. 7, October Term, 1947.]
StatusPublished

This text of 60 A.2d 183 (State Ex Rel. Barnes v. Warden) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Barnes v. Warden, 60 A.2d 183, 190 Md. 724, 1947 Md. LEXIS 379 (Md. 1947).

Opinion

This is an application for leave to appeal from refusal of a writ of habeas corpus. Jackson v. Warden, 190 Md. 717,60 A.2d 179, just decided.

Petitioner is imprisoned under sentence of eighteen months for larceny of certain clothes. He alleges that he was arrested with the stolen goods, that he was taking them for a named man to the latter's house, that the other man, and not he, was guilty of stealing them but the other man was "dismissed at court" and he was found guilty. The question of guilt or innocence cannot be retried on habeas corpus. Olewiler v. Brady, 185 Md. 341, 344,44 A.2d 807; Copeland v. Wright, 188 Md. 666, 53 A.2d 553.

Application denied, without costs.

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Related

Copeland v. Wright
53 A.2d 553 (Court of Appeals of Maryland, 1947)
Jackson v. Warden of Maryland House of Correction
60 A.2d 179 (Court of Appeals of Maryland, 1947)
Olewiler v. Brady
44 A.2d 807 (Court of Appeals of Maryland, 1945)

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Bluebook (online)
60 A.2d 183, 190 Md. 724, 1947 Md. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-barnes-v-warden-md-1947.