Spence v. Warden of Maryland House of Correction

Delaplaine, J., delivered the opinion of the Court. Matthew Spence was convicted by the Criminal Court of Baltimore on a charge of larceny of an automobile, and was sentenced to imprisonment in the Maryland House of Correction for a term of eighteen months. He escaped from the House of Correction and was caught. In December, 1953, he was tried and convicted in the Circuit Court for Anne Arundel County on the charge of escape, and was sentenced to serve an additional term of six months.

He is applying here for leave to appeal from denial of a writ of habeas corpus. Petitioner contends that he was originally indicted for larceny and receiving stolen goods, and that he was twice placed in jeopardy. Habeas corpus cannot be made to serve the purpose of a new trial or an appeal to consider a contention of double jeopardy. Bowen v. Warden of Maryland House of Correction, 201 Md. 649 , 92 A. 2d 384 ; Zimmerman v. Warden of Maryland House of Correction, 201 Md. 645 , 92 A. 2d 450 .

Petitioner contends that he was arrested unlawfully. The question whether a prisoner’s arrest was illegal cannot be reviewed on habeas corpus. Lewis v. Warden of Maryland Penitentiary, 203 Md. 676 , 100 A. 2d 803 . Petitioner asserts that he was innocent of the charge of larceny.

The question of guilt or innocence or the sufficiency of evidence cannot be raised on habeas corpus. Lombardi v. Warden, Maryland Penitentiary, 203 Md. 664 , 99 A. 2d