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STATE EX REL. HOLMES v. WARDEN

[H.C. No. 21, October Term, 1949.]

194 Md. 719 (1950)

70 A.2d 812

STATE EX REL. HOLMES v. WARDEN OF MARYLAND PENITENTIARY

Court of Appeals of Maryland.

Decided January 11, 1950.

PER CURIAM:

This is an appeal from a refusal of Judge W. Conwell Smith to issue writ of habeas corpus. Petitioner is confined in the Maryland Penitentiary under a sentence of five years for assault to kill and murder. His only contention is that the Court erred in finding him guilty. The question of guilt or innocence and sufficiency of the evidence cannot be retried on habeas corpus. Oleweiler v. Brady, 185 Md. 341...

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