Hickman v. Warden of Maryland House of Correction

Collins, J., delivered the opinion of the Court. This is an application by John Peter Hickman for leave to appeal from the denial of a writ of habeas corpus by Judge Patrick M. Schnauffer, of the Circuit Court for Frederick County. Petitioner was tried for burglary and convicted on May 15, 1953, in the Criminal Court of Baltimore City and sentenced to a term of six years in the Maryland House of Correction. He gives many reasons why the writ should be granted.

He claims that he was deprived a preliminary hearing. Failure to hold a preliminary hearing does not vitiate a criminal trial and cannot be raised on habeas corpus. Sykes v. Warden, 201 Md. 662 , 93 A. 2d 549 . He claims that he was unlawfully extradited.

This does not vitiate a trial and therefore cannot be raised on habeas corpus. He contends that excessive bail was imposed. This cannot be raised on habeas corpus. Daisey v. Supt., 203 Md. 653 , 98 A. 2d 99 , He further contends that false charges and accusations were made against him; that he was convicted without evidence; and that the police neglected to employ scientific methods suggested by him to prove his innocence.

These all involve the question of guilt or innocence which may not be re-tried on habeas corpus. DeLisle v. Warden, 203 Md. 649