Hall v. Warden of Maryland Penitentiary

Couuins, J., delivered the opinion of the Court. This is an application by James Percy Hall for leave to appeal from the denial of a writ of habeas corpus after a hearing before Judge Joseph R. Byrnes on July 2, 1957. Petitioner was convicted of robbery with a deadly weapon in three cases and sentenced to sixty years in the Maryland Penitentiary. Thereafter, he was tried in another case of robbery with a deadly weapon and sentenced to twenty years, consecutive with the sixty year term.

At the hearing before Judge Byrnes his principal complaint was that the bail, which he alleges was $400,000.00, was excessive. The question of bail, after a trial and conviction and in the absence of a pending appeal, cannot be raised on habeas corpus. Lievers v. Warden, 210 Md. 670 , 124 A. 2d 844 . Petitioner further contends that he was innocent of the ⁶⁶³ charge and that perjured testimony was used against him.

The question of guilt or innocence or the sufficiency of the evidence cannot be raised on habeas corpus. Medley v. Warden, 207 Md. 634 , 115 A. 2d 287 . Petitioner further contends that he was illegally arrested. This cannot be raised on habeas corpus after he has been tried and convicted.

Haynie v. Warden, 210 Md. 668 , 124 A. 2d 285 . Petitioner complains that his trial was unfair on account of the amount of publicity given it. This can be raised on appeal but not on habeas corpus. Hickman v. Warden, 203 Md. 668 , 99 A. 2d 730 ; Randall v. Warden, 208 Md. 667 , 119 A. 2d 712 .

Petitioner complains of incompetence and lack of diligence of his attorney. He does not say that he complained to the trial judge about this and there is no allegation of fraud or collusion with any State official. Faught v.