State Ex Rel. Mentzer v. Warden

Court of Appeals of Maryland

State Ex Rel. Mentzer v. Warden

59 A.2d 762, 191 Md. 744, 1948 Md. LEXIS 417

Court of Appeals of Maryland·Decided June 16, 1948·No. [H.C. No. 5, October Term, 1948.]·Published

Opinion

Petitioner applies for leave to appeal from the denial of a writ of habeas corpus by Judge Michael J. Manley of the Supreme Bench of Baltimore. He was convicted in the Circuit Court for Frederick County of assault and battery and sentenced to five years in the Maryland House of Correction.

Petitioner complains of not having a preliminary hearing. This is not necessary for the obtention of a valid indictment. He also states he was denied the opportunity to summons witnesses and to take the stand in his own defense. Petitioner was represented by counsel at his trial. Habeas corpus cannot be made a substitute for appeal.

Application denied, without costs.

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Petitioner applies for leave to appeal from the denial of a writ of habeas corpus by Judge Michael J. Manley of the Supreme Bench of Baltimore. He was convicted in the Circuit Court for Frederick County of assault and battery and sentenced to five years in the Maryland House of Correction.

Petitioner complains of not having a preliminary hearing. This is not necessary for the obtention of a valid indictment. He also states he was denied the opportunity to summons witnesses and to take the stand in his own defense. Petitioner was represented by counsel at his trial. Habeas corpus cannot be made a substitute for appeal.

Application denied, without costs.

State Ex Rel. Mentzer v. Warden, 59 A.2d 762, 191 Md. 744, 1948 Md. LEXIS 417 (Md. 1948).

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