Hardy v. Warden of Maryland House of Correction

PER Curiam. Judge Morgan C. Harris, of the Fourth Judicial Circuit, sitting in the Circuit Court for Allegany County, denied Hardy’s petition for a writ of habeas corpus. He seeks leave to appeal. Hardy was convicted in the Circuit Court for Anne Arundel County on a charge of rape of a girl under fourteen years of age and was sentenced on May 31, 1957, to five years’ imprisonment.

At his trial he was represented by counsel. He asserts: (1) that his counsel was incompetent; (2) that the evidence as to the time and place of the alleged crime was conflicting; (3) that he has been denied due process under the Fourteenth Amendment; and (4) that he “appealed from Judge Michaelson’s verdict,” but “No such appeal was entered.” ⁶⁶¹ His allegations of incompetence of counsel are in general terms. There is a vague assertion that there were “[s]everal questions raised that counsel fail[ed] to acknowledge in petitioner’s defense.” There is no allegation of fraud or collusion between his counsel and any prosecuting authorities, nor are any facts asserted which would suggest any. Neither is there any showing that he made any complaint to the trial court with regard to his counsel, who appears to have been of his own selection.

His allegations pertaining to counsel afford no basis for the issuance of the writ. Howell v. Warden, 216 Md. 611 , 139 A. 2d 270 ; Peaton v. Warden, 216 Md. 614 , 139 A. 2d 337 . Sufficiency of the evidence cannot be raised on habeas corpus. Nassif v. Warden, 216 Md. 605 , 139 A. 2d 345 .

Nor is a bald allegation of the denial of constitutional rights sufficient. Savage v. Warden, 216 Md. 598, 139 A. 2d 338 . His allegation that he appealed is unsupported. Judge Harris obtained a certified copy of the docket entries in the Circuit Court for Anne Arundel County, which shows no appeal.

He was, of course, entitled to make use of public records. (Code, 1957, Art. 42, Sec. 5). Judge Harris also received a letter from the Clerk of that Court stating that his office had no record of such an appeal. The Clerk also stated that it was possible that Hardy had requested an