Haynie v. Warden of Maryland Penitentiary

Delaplaine, J., delivered the opinion of the Court. Carlton Haynie, a prisoner in the Maryland Penitentiary, has applied here for leave to appeal from the refusal of a writ of habeas corpus. Petitioner alleges that he was arrested on June 22, 1955, by police officers from the Northwestern Police Station on charges of armed robbery with a deadly weapon. He pleaded not guilty in the Criminal Court of Baltimore, and the Court appointed an attorney to defend him.

On July 14, 1955, he was found guilty on two charges and was sentenced to the Maryland Penitentiary for 20 years on each charge, the terms to run consecutively. First. Petitioner alleges that he was arrested without a warrant. The law is established in this State that even though an accused has been arrested unlawfully, he cannot escape punishment for that reason after he has been lawfully indicted, tried and convicted.

Bowie v. Warden of Maryland Penitentiary, 190 Md. 728 , 60 A. 2d 185 ; State ex rel. Wilson v. Warden of Maryland Penitentiary, 190 Md. 758 , 60 A. 2d 185 ; Holliday v. Warden of Maryland Penitentiary, 191 Md. 763 , 62 A. 2d 573 . Accordingly the question whether the arrest of an accused who has been lawfully convicted was illegal cannot be reviewed on habeas corpus. Tabor v. Swenson, 193 Md. 706 , 66 A. 2d 205 , certiorari denied 337 U. S. 947 , 69 S. Ct. 1506 , 93 L. Ed. 1749 ; Lewis v. Warden of Maryland Penitentiary, 203 Md. 676 , 100 A. 2d 803 ; Spence v. Warden of Maryland House of Correction, 204 Md. 661 , 103 A. 2d 345 ; Wagner v. Warden of Maryland Penitentiary, 205 Md. 648 , 109 A. 2d 118 .

Second. Petitioner alleges that the