Howell v. Warden of Maryland House of Correction

Horney, J., delivered the opinion of the Court. From the denial of his petition for a writ of habeas corpus .by Mason, J., in the Baltimore City Court, Cecil Howell has .applied to this Court for leave to appeal. The petitioner, who was arrested on January 30, 1956, pleaded guilty to a charge of assault with intent to rob on May 23, 1956, and was sentenced by the Circuit Court for. Prince George's County (Marbury, J.) to a term of six years in the House of Correction.

The petitioner alleges, among other reasons for granting the writ, that he was arrested without a warrant, and was • denied a speedy trial in that he was incarcerated for four ⁶¹³ months prior to trial. This Court has held often that after trial and conviction the legality of arrest and the extent and legality of the initial detention cannot be inquired into on habeas corpus. Haynie v. Warden, 210 Md. 668 , 124 A. 2d 285 (1956); Szukiewicz v. Warden, 213 Md. 636 , 131 A. 2d 390 (1957). The petitioner further contends that his counsel, without his approval or consent, waived a trial by entering a plea of guilty, and failed to properly defend the petitioner and to exercise the legal means available to him, but the petitioner did not allege either fraud, bad faith or collusion with a State official, nor did he complain to the trial court of the failure of his counsel to consult him or advise him of his rights.

We have repeatedly ruled that the alleged incompetence of counsel may not be raised on habeas corpus if the accused failed to complain to the trial court of the incompetence or misconduct of his counsel. Smith v. Warden, 213 Md. 643 , 131 A. 2d 392 (1957). Other allegations to the effect that the State failed to prove the commission of a crime, that the petitioner was