White v. Warden of Maryland Penitentiary

Brune, C. J., delivered the opinion of the Court. Nathaniel White was tried and convicted on June 14, 1956, before Judge Carter in the Criminal Court of Baltimore on the charge of robbery. His petition for a writ of habeas corpus was submitted to Judge Michael Paul Smith in the Circuit Court for Baltimore County, and was denied by him. The applicant complains: (1) of an alleged illegal arrest; (2) that his confession was obtained under duress; (3) that his commission of one of the alleged crimes was impossible because of his alleged incarceration at that time; (4) that he was denied the right to be confronted by witnesses; (5) that his lawyer did nothing for him, failing to call witnesses on his behalf. 1.

Illegal Arrest. An alleged illegal arrest may not be reviewed after trial on habeas corpus. Cumberland v. Warden, 205 Md. 646 , 109 A. 2d 66 ; Smith v. Warden, 207 Md. 628 , 114 A. 2d 892 . 2. Confession under Duress.

The question of a confession being given under duress is one that goes to its voluntary character and such question could be raised on appeal, but may not be reviewed on habeas corpus. Randall v. Warden, 208 Md. 667 , 119 A. 2d 712 . 3. Impossibility of Committing Crime. The allegation by ⁶²⁵ the petitioner that he was incarcerated at the time of the commission of the crimes and that it was therefore impossible to have committed such crimes on December 12 and 24, 1952, and January 12, 1953, was rejected by Judge Smith in denying the petition for a writ of habeas corpus.

In his opinion-letter, he stated, “* * * our records show that you were released from