Legrand v. Warden of Maryland House of Correction

Hammond, J., delivered the opinion of the Court. This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Woodward of the Circuit Court for Montgomery County. The applicant, Leon Legrand, was tried on September 23, 1953 in the Criminal Court of Baltimore on the charge of burglary. He was found guilty and sentenced to two years in the Maryland House of Correction.

The petitioner bases his right to relief upon four contentions. First, that the evidence upon which he was convicted was insufficient and of doubtful quality. It is well settled that it is not within the scope of a habeas corpus proceeding to challenge the quality or the sufficiency of the evidence. Tutt v. Warden, 199 Md. 691, 693 .

See also Chinquina v. Warden, 198 Md. 658 ; Sykes v. Warden, 201 Md. 662 ; Thanos v. Superintendent, 204 Md. 665 ; Spence v. Warden, 204 Md. 661 ; Laslo v. Warden, 204 Md. 663 . Second, the petitioner contends that he was denied the right to summons witnesses in his defense. Such a contention, even if true, would not be the basis of granting a writ of habeas corpus. See Spence v. Warden, 204 Md. 661, 662 , where it is stated: “The complaint of a petitioner that#he was denied the opportunity of obtaining witnesses is reviewable on appeal, but not on habeas corpus.” See also Walker v. Warden, 190 Md. 729 ; Daisey v. Warden, 203 Md. 653 ; Sykes v. Warden, 201 Md. 662 ; Spence v. Warden, 204 Md. 661 . ⁶⁶⁴ Third, the petitioner contends that his