Burnett v. Warden

This is an application for leave to appeal from refusal of a writ of habeas corpus. Petitioner alleges that he was convicted of burglary without legal justification because he claims that burglary "is the breaking and entering of a house between 9 P.M. and and 6 A.M.", while the prosecuting witness stated that the house was robbed between 6 a.m. and 7 p.m. He says that since he has been in prison he remembers that he was not in Baltimore at the time the crime was committed. He asks that this court summon a number of witnesses to testify here.

The questions of guilt or innocence and the sufficiency of the evidence cannot be retried on habeas corpus. Olewiler v. Brady, 185 Md. 341 , 344, 44 A.2d 807 ; Bernard v. Warden of *Page 732 Maryland House of Correction, 187 Md. 273 , 49 A.2d 737 ; Copeland v. Wright, 188 Md. 666 , 53 A.2d 553 . Of course, no testimony can be taken in this court. Rountree v. Wright, Warden, 189 Md. 292 , 55 A.2d 847 .

Application denied, without costs .