Rayne v. Warden of Maryland Penitentiary

Henderson, J., delivered the opinion of the Court. This is an application for leave to appeal from the denial of a writ of habeas corpus. Petitioner was convicted by a jury in the Circuit Court for Worcester County of assault with intent to rape, and sentenced to life imprisonment. His contentions that he was arrested without a warrant and that there was insufficient evidence to convict cannot be raised on habeas corpus, as we have repeatedly held.

His contention that the sentence was illegal is also without merit. As appears from the docket entries, the jury’s verdict of guilty did not include the words “without capital punishment”, and under Code (1951), Art. 27, sec. 14, the sentence was not illegal, even if we assume, without deciding, that the point could be raised on habeas corpus. The petitioner was not charged under section 558 of the Article. His contention that his court-appointed counsel did not properly represent him is likewise without merit.

The allegations that his counsel advised him to take a court trial and to plead guilty do not charge misconduct, and in fact he pleaded not guilty and elected a jury trial. The allegation that his counsel was incompetent is unsupported by the record. The petitioner alleges that he was arrested on May 11, 1954, four days after the alleged offense, and held incommunicado for a long period, during which he was questioned by the police and