Bryant v. Warden of Maryland Penitentiary

PER CURIAM. This is an application for leave to appéal from the denial of a writ of habeas corpus. Petitioner is imprisoned in the Maryland Penitentiary under sentence of twenty years for robbery with a deadly weapon in three cases. He alleges in this Court that he was arrested for one thing and tried for another, that the arresting officer searched his house without a search warrant, that the Court had not sufficient evidence to find the petitioner guilty, that the Court did not make it known to the public that they were using a toy pistol against the petitioner as evidence at his trial, that the facts are not sufficient to convict him of robbery with a deadly weapon.

An illegal arrest does not prevent one from being validly indicted and tried. State ex rel. Zell v. Warden, 191 Md. 745 , 59 A. 2d 737 . The question of whether his house was searched without a search warrant cannot be raised on habeas corpus, State ex rel.

Minter v. Warden, 193 Md. 715 , 66 A. 2d 919 . The question of guilt or innocence and weight of the evidence cannot be tried on habeas corpus. Rountree v. Wright, 189 Md. 292 , 55 A. 2d 847 . Application denied, without costs.