Lievers v. Warden of Maryland Penitentiary

Delaplaine, J., delivered the opinion of the Court. Frank Lievers, a prisoner in the Maryland Penitentiary, is applying here for leave to appeal from the refusal of a writ of habeas corpus. Petitioner and Melvin Wade were charged jointly in the Criminal Court of Baltimore in two indictments. One indictment charged the two defendants with conspiracy to commit an assault with intent to murder.

The second indictment charged them with (1) assault with intent to murder, and (2) assault. Petitioner pleaded not guilty, and the Court appointed an attorney to defend him. On January 30, 1956, petitioner was found guilty on the first indictment and also guilty on the first count of the second indictment. The Court sentenced him to the Penitentiary for a term of eight years on each conviction, the sentences to run concurrently.

First. Petitioner contends that it was improper for the Court to admit Wade’s testimony because it was false, and therefore the testimony produced against him was insufficient to prove his guilt. Habeas corpus cannot be used for the purpose of reviewing the evidence given in a criminal case. State ex rel.

Battee v. Warden of Maryland House of Correction, ⁶⁷³ 191 Md. 751 , 60 A. 2d 187 ; Friedel v. Warden of Maryland Penitentiary, 205 Md. 657 , 109 A. 2d 50 . Objection by an accused to the production of improper evidence may be made at his trial, and if the objection is overruled, error may be corrected on appeal. State ex rel. Joyner v. Warden of Maryland House of Correction, 193 Md. 704 , 65 A. 2d 887 .

Second. Petitioner contends that his bail was excessive and that it should have been the same as Wade’s bail. This allegation has no bearing on the propriety of petitioner’s detention. State ex rel.

Stovall v. Wright, 191 Md. 749 , 60 A. 2d 197 . Third. Petitioner contends that his attorney did not represent him properly. Alleged incompetency or lack of diligence of the attorney for a prisoner at his trial affords no ground for the issuance of a writ of habeas corpus where no complaint to the trial judge was alleged and there was no allegation of fraud or collusion with any official of the State.

Faught v. Warden of Maryland