Bryant v. Warden of Maryland Penitentiary

Delaplaine, J., delivered the opinion of the Court. This is the second time that James Otis Bryant has applied here for leave to appeal from refusal of a writ of habeas corpus. In April, 1949, petitioner was convicted by the Criminal Court of Baltimore on the charge of robbery with a deadly weapon, and he was sentenced to the Maryland Penitentiary for the term of 20 years. He claims that he is being illegally deprived of his liberty because the ⁶⁴⁷ police searched his home without a warrant on the night of January 29, 1949, and he was illegally arrested while he was in bed in his home.

He says that immediately afterwards he was taken to the police station, where he was accused by the officers of five charges of robbery. On the former application petitioner alleged that the arresting officer searched his home without a search warrant; that the trial Court had no sufficient evidence to find him guilty; that the Court did not make it known that they were using a toy pistol against him as evidence at his trial; and that the facts were not sufficient to convict him of robbery with a deadly weapon. The application was denied by the Court of Appeals on February 9, 1950. Bryant v. Warden of Maryland Penitentiary, 194 Md. 723 , 71 A. 2d 302 .

The present application of petitioner is a restatement of the grounds previously