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201 Md. 648

Docket [H.C. No. 15, October Term, 1952.]

Bowie v. Warden

BOWIE v. WARDEN OF MARYLAND PENITENTIARY

Court of Appeals of Maryland

Decided November 11, 1952.

Court of Appeals of Maryland · decided 2001-10-15

Relies on Bowie v. Warden of Maryland Penitentiary · Brown v. Sheriff

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-15

How this case has been cited

Cited by 7 later decisions — most recently October 2001

7 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. A similar application (on different grounds) was denied in 1947. Bowie v. Warden,190 Md. 728. Petitioner is imprisoned under sentences for life and for one year upon conviction of rape and *649 of robbery with a deadly weapon, respectively. He alleges that one count of one indictment "constitutes double jeopardy" and another is "invalid because of uncertainty". The indictment is not in the record and the petition does not explain how it "constitutes double jeopardy" or wherein it is uncertain. In any event, defects in an indictment and the defense of double jeopardy, if properly objected to at the trial, may be reviewed on appeal or on motion for a new trial, and not on habeas corpus. Brown v. Sheriff,200 Md. 663, 91 A.2d 392.

¶4Application denied, with costs.

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