Bell v. Warden of Maryland Penitentiary

Bruñe, C. J., delivered the opinion of the Court. Bell applies for leave to appeal from the denial of his petition for a writ of habeas corpus. The petition alleges nine grounds for the issuance of the writ. The first, second and eighth of these grounds—denial of a fair and impartial trial, denial of due process, and failure of the trial judge to protect the rights of the accused—are stated in general terms and, standing by themselves, they fail to allege specific facts which would call for the issuance of the writ.

Allegations of mere generalities are insufficient. Cheeks v. Warden, 214 Md. 610 , 133 A. 2d 925 . The third and ninth grounds allege that the testimony of two witnesses was perjured. The petitioner claims that these witnesses were known addicts to alcoholism.

It does not necessarily follow that the testimony of an alcoholic is perjured. ⁶⁶⁸ Still less does it follow that the State knowingly used such testimony. These grounds are insufficient. Cook v. Warden, 215 Md. 628 , 137 A. 2d 649 . The sixth ground is that the petitioner was denied the right to an appeal or to file a motion for a new trial.

These are matters of right, not of judicial grace or discretion. There is no showing that he attempted to file either, and this contention is without merit. McCutheon v. Warden, 215 Md. 616, 619 , 138 A. 2d 369 ; Davis v. Warden, 217 Md. 662, 665 , 143 A. 2d 77 . The seventh ground—that counsel changed the plea of not guilty to a plea of not guilty by reason of insanity without the knowledge or consent of the applicant—is without merit.

The docket entries indicate that it was an additional plea filed after a medical report relating to the applicant had been filed, not that it involved an abandonment of the plea of not guilty, and that the case went to the jury on both pleas. The petitioner’s two remaining contentions (numbered 4 and 5) relate to complaints against his counsel and the conduct of the trial. These are: (ground 4) that the petitioner was denied the right to testify in his own defense and was told to keep quiet and let his counsel speak for