State ex rel. Holmes v. Warden of Maryland Penitentiary
This text of 70 A.2d 812 (State ex rel. Holmes v. Warden of Maryland Penitentiary) 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.
Opinion
This is an appeal from a refusal of Judge W. Conwell Smith to issue writ of habeas corpus. Petitioner is [720]*720confined in the Maryland Penitentiary under a sentence of five years for assault to kill and murder. His only contention is that the Court erred in finding him guilty. The question of guilt or innocence and sufficiency of the evidence cannot be retried on habeas corpus. Oleweiler v. Brady, 185 Md. 341, 44 A. 2d 807; Copeland v. Wright, 188 Md. 666, 53 A. 2d 553.
The petition will be denied.
Application denied, without costs.
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Cite This Page — Counsel Stack
70 A.2d 812, 194 Md. 719, 1950 Md. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-holmes-v-warden-of-maryland-penitentiary-md-1950.