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201 Md. 647

92 A.2d 449

Docket [H.C. No. 14, October Term, 1953.]

Carroll v. Warden

CARROLL v. WARDEN OF MARYLAND PENITENTIARY

Court of Appeals of Maryland

Decided November 11, 1952.

Court of Appeals of Maryland · decided 2001-10-14

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-14

How this case has been cited

Cited by 8 later decisions — most recently October 2001

8 state decisions

302001decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Before MARKELL, C.J., and DELAPLAINE, COLLINS and HENDERSON, JJ.

¶2MARKELL, C.J., delivered the opinion of the Court.

¶3This is an application for leave to appeal from denial of a writ of habeas corpus. Petitioner is imprisoned under sentence for 20 years on conviction of assault with intent to rape. The alleged offense was committed at or near a prison camp near Elkton of which petitioner was a member. At the time he was under a *648 sentence of 4 years which has since expired. He alleges that he was not guilty and (with great detail) that the evidence so indicates. He alleges that he was "denied" "taking the stand" by his court-appointed counsel, but not that he made any complaint to the court concerning this advice or "denial". It appears that he has made repeated applications for habeas corpus on the same grounds, all of which applications have been denied. Habeas corpus cannot be made to serve the purpose of an appeal or a new trial of the question of guilt or innocence.

¶4Application denied, with costs.

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