France v. Warden of Maryland House of Correction

Henderson, J., delivered the opinion of the Court. This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Woodward, in the Circuit Court for Montgomery County. The petitioner was convicted of assault and false pretenses by Judge Carter, in the Criminal Court of Baltimore, and sentenced to terms of three years to run concurrently. We need not consider at length the petitioner’s contention that the court erred in accepting the testimony of the petitioner’s wife as to the alleged assault, which he claims was perjured.

We have repeatedly held that, in the absence of definite facts showing collusion or ⁶³⁸ positive knowledge by the State’s Attorney as to alleged perjured testimony, such allegations are insufficient to justify the granting of the writ. Cf. Thanos v. Superintendent, 204 Md. 665 , and Reeder v. Warden, 196 Md. 683 . The main contention is that he was tried without benefit of counsel to represent him.

The record does not show that he ever asked the trial court to appoint counsel, although he did inform the trial court that he had no counsel and was without funds to employ one. Cf. Lockman v. Warden, 203 Md. 657 . As we have frequently pointed out, there is no absolute requirement that counsel be appointed in every case; the burden is upon the petitioner to show that