HABEAS CORPUS — Insufficient Evidence. A contention that the evidence was insufficient to convict cannot be raised in a habeas corpus proceeding. p. 630
HABEAS CORPUS — Defects in Indictment, in Nature of Variance. Defects in an indictment, in the nature of a variance, cannot be reviewed in a habeas corpus proceeding. p. 631
J.E.B.
Decided June 22, 1955.
HENDERSON, J., delivered the opinion of the Court.
This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge Prescott, in the Circuit Court for Montgomery County. The petitioner was convicted in the Circuit Court for Anne Arundel County of assault with intent to kill and sentenced to three years in the House of Correction from July 9, 1954. Aside from a contention that the evidence was insufficient to convict, which obviously cannot be raised in this proceeding, the petitioner contends that the indictment was defective, in that he was named as "Edward", whereas the proof showed his name is "Everett". Defects in an indictment, in the nature of a variance, cannot be reviewed in a habeas corpus proceeding. Ahern v. Warden, 203 Md. 679, 680.
Application denied, with costs.