Supreme Court of Maryland, 1950

State ex rel. Holmes v. Warden of Maryland Penitentiary

Supreme Court of Maryland · Decided January 11, 1950

194 Md. 719; 70 A.2d 812; 1950 Md. LEXIS 375

Cases that cite this one

1 later published case cites this decision.

State ex rel. Tabor v. Swenson (Md. 1950)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from a refusal of Judge W. Conwell Smith to issue writ of habeas corpus. Petitioner is *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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