Sykes v. Warden of Maryland Penitentiary

⁶⁶³ Collins, J., delivered the opinion of the Court. This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge Joseph R. Byrnes, of the Supreme Bench of Baltimore City. Petitioner alleges (1) that an excessive and discriminating bond was required of him inasmuch as his bond was set at $2,500.00 while that of the two co-defendants was set at only $500.00. The setting of bail is within the sound discretion of the trial court.

From the record before us, apparently the petitioner had been convicted before. He states in his brief that he had been through many Federal Courts. It has been held by this Court that the fact that bail was excessive does not void a conviction and therefore cannot be raised on habeas corpus. Taylor v. Warden, No. 21 This Term, 201 Md. 656 , 92 A. 2d 757 .

Petitioner alleges (2) that he was not given a preliminary hearing prior to trial. Appellant was indicted and tried on an indictment. A preliminary hearing is not necessary before a valid indictment can be obtained. State ex rel.

Sanner v. Warden, 191 Md. 743, 744 , 59 A. 2d 762, 763 ; Cave v. Superintendent, 198 Md. 675 , 81 A. 2d 461, 462 . Petitioner alleges (3) that he was improperly defended by incompetent counsel. However, he does not allege fraud, bad faith or collusion by his attorney with any State officer, nor does he allege that he complained to the trial judge concerning his court appointed counsel. Loughran v. Warden, 192 Md. 719 , 64 A. 2d 712, 713 ; Gillum v. Warden, 200 Md. 656 , 90 A. 2d 173 ; Johnson v. Warden, 200 Md. 654 , 90 A. 2d 221, 222 .

Petitioner alleges (4) that he was denied the right "to have compulsory process for obtaining witnesses in his behalf”. It was said in Selby v. Warden, No. 19, Habeas Corpus Application, This Term, 201 Md. 651 , 92 A. 2d 756 , “* * * the allegation that petitioner was denied the right to have compulsory process for obtaining witnesses in his favor goes only to the regularity of the proceedings, not