Medley v. Warden of Maryland House of Correction

Hammond, J., delivered the opinion of the Court. The applicant, John P. Medley, seeks leave to appeal from the denial of a writ of habeas corpus by Judge Rex A. Taylor of the Circuit Court for Wicomico County. Medley was tried, found guilty and sentenced to a six year term in the Maryland House of Correction for forgery. In his application, he contends: 1, that he is innocent; 2, that the evidence used against him was obtained by an illegal search and seizure; 3, that such evidence was insignificant and insufficient; 4, that the State failed to show and allege in writing where anyone had been defrauded; 5, that it was variance to charge him with counterfeiting and forgery and only find him guilty of forgery.

In reply to the first three contentions it is to be noted: the question of guilt or innocence cannot be raised on habeas corpus. Thanos v. Supt., 204 Md. 665 ; Tutt v. Warden, 199 Md. 691 ; Chinquina v. Warden, 198 Md. 658 ; the legality of a search and seizure may be raised on appeal, but may not be relied on to support a petition of habeas corpus. Laslo v. Warden, 204 Md. 663 ; Dodson v. Warden, 201 Md. 655 ; Presley v. Warden, 201 Md. 660 ; Bowen v. Warden, 200 Md. 661 ; an attack upon the sufficiency or legality of the evidence used to convict cannot be used as a basis for the issuance of the writ of habeas corpus. Chinquina v.