Supreme Court of Maryland, 1947

Walker v. Wright

Walker v. Wright
Supreme Court of Maryland · Decided November 14, 1947 · Marbury, Delaplaine, Collins, Henderson, Markell
55 A.2d 849; 189 Md. 304; 1947 Md. LEXIS 350 (Atlantic Reporter, Second Series)

Walker v. Wright

Opinion of the Court

Markell, J.,

delivered the opinion of the Court.

This is an appeal, taken and perfected before June 1, 1947, the effective date of Chapter 625 of the Acts of 1947, from refusal of a writ of habeas corpus.

Petitioner is imprisoned under sentence of four years for larceny and conspiracy. He alleges that: He was convicted because his attorney “did not prove to the court” that he was not guilty; because he was in jail he was unable to get witnesses in his favor; he had six named witnesses (with Baltimore addresses) to prove that he was not guilty and was not with the man who committed the crime, but he was “not given the chance to get his witnesses”. He does not allege that his witnesses were summoned or what, if any, effort was made to procure their attendance at the trial.

The questions of guilt or innocence and the sufficiency of the evidence can be reviewed on motion for new trial, but not on habeas corpus. Rountree v. Wright, 189 Md. 292, 55 A. 2d 848, just decided, and cases there cited.

Order affirmed, without costs.

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