Frazier v. Warden of Maryland Penitentiary

Delaplaine, J., delivered the opinion of the Court. William T. Frazier was convicted by the Criminal Court of Baltimore on September 22, 1953, on the charge of receiving stolen goods and was sentenced to the Maryland Penitentiary for the period of eight years. He is applying here for leave to appeal from an order of Judge Moser remanding him to the Penitentiary after a hearing on a writ of habeas corpus. First, petitioner complains because the Criminal Court failed to appoint an attorney to represent him at his trial.

He testified at the hearing before Judge Moser that he was 54 years old and had been convicted five or six times. It does not appear that lack of counsel resulted in an unfair trial. Baker v. Warden of Maryland House of Correction, 200 Md. 653 , 89 A. 2d 307 ; Selby v. Warden of Maryland House of Correction, 201 Md. 653 , 92 A. 2d 756 ; Presley v. Warden of Maryland House of Correction, 201 Md. 660 , 92 A. 2d 754 . Secondly, petitioner contends that the testimony produced at his trial was not true.

The question of the truth of testimony cannot be reviewed on habeas corpus. Harris v. Warden of Maryland Penitentiary, 199 Md. 685, 688 , 86 A. 2d 168 , certiorari denied, Harris v. Swenson, 343 U. S. 931 , 72 S. Ct. 766 , 96 L. Ed. 1340 . Thirdly, petitioner contends that the sentence of eight years is cruel and unusual punishment. The Maryland Declaration of Rights contains two prohibitions against cruel and unusual punishment.

Article 16 declares that ⁶⁵⁶ “* * * no Law to inflict cruel and