Woods v. Warden

Horney, J., delivered the opinion of the Court. This is an application by Gene Woods for leave to appeal from the denial of a writ of habeas corpus by Michaelson, J., of the Circuit Court for Anne Arundel County. The petitioner was convicted in the Circuit Court for Montgomery County (Eawlor, J.) of burglary and receiving stolen goods, and was sentenced to five years in the House of Correction. The petitioner alleges four reasons for granting the writ which relate to the sufficiency of the evidence: (i) failure to establish proof of burglary, (ii) failure to prove that goods received were stolen, (iii) failure of owner to identify stolen goods, and (iv) failure of State to explain absence of money paid for stolen goods.

This Court has held repeatedly that the weight and sufficiency of evidence cannot be raised on habeas corpus. See Cunningham v. Warden, 213 Md. 642 , 131 A. 2d 394 , for one of the later cases in which it was so held. The petitioner further alleges two separate reasons which challenge the admissibility of evidence, that is, the admission of the evidence of an untruthful witness: a “fence” with a criminal record. This Court has ruled on many applications, to appeal that the improper admission of evidence cannot be considered on habeas corpus.

See Harley v. Warden, 213 Md. 652 , 132 A. 2d