Jones v. Warden of Maryland Penitentiary

Coleins, J., delivered the opinion of the Court. This is an application by William Jones, Jr., for leave to appeal from the denial of a writ of habeas corpus by Chief Judge John B. Gontrum, of the Circuit Court for Baltimore County. Petitioner was tried and convicted of robbery with a deadly weapon, larceny, burglary, and assault with intent to murder, in the Criminal Court of Baltimore and sentenced to forty years in the Maryland Penitentiary. Petitioner contends that a gun, which was found in his house due to an illegal search, was offered in evidence against him.

The alleged illegality of a search can be raised on appeal but not on habeas corpus. Wilhelm v. Warden, 209 Md. 624, 120 A. 2d 195 . Petitioner further contends that perjured, false, and “absurd” testimony was used against him. The sufficiency of the ⁶⁵⁹ evidence and the allegation that perjured testimony has been used cannot be raised on habeas corpus unless it is shown there was collusion between the State and the witnesses.

Height v. Director, 209 Md. 647 , 120 A. 2d 911 . This is not shown in this case. Petitioner further complains that his counsel failed to call witnesses as requested by him, because his counsel did not think they would be helpful to him. This goes to the competency of counsel which is hereinafter discussed.

Petitioner further contends that promises, inducements, and brutality were used against him by the police officers. Such a contention is pertinent on appeal in testing the voluntariness of the statements or confession but cannot be raised on habeas corpus. Johnson v. Warden, 212 Md. 652 , 129 A. 2d 84 . Furthermore, it does not appear from the record before us that a confession was used against him.

Petitioner further contends that he could not call his attorney. However, the record shows that an attorney was appointed for him and