HABEAS CORPUS — Arrest Without Warrant — Illegal Search and Seizure. Contentions of a petitioner for a writ of habeas corpus that he was arrested twice by breaking into his apartment and that evidence was obtained by unconstitutional, unlawful search and seizure cannot be made on habeas corpus. pp. 657-658
Decided July 15, 1952.
MARKELL, J., delivered the opinion of the Court.
This is an application for leave to appeal from denial of a writ of habeas corpus. Petitioner is imprisoned under sentence for ten years for violations of the narcotics laws. He alleges that he was twice arrested (the second time while on bail for the first alleged offense) without a warrant by breaking into "an apartment" (not expressly, but inferentially alleged to be his) and not clearly, but perhaps by inference, that evidence was obtained by unconstitutional, unlawful search and seizure. These contentions could all have been made on motion for a new trial or on appeal, but not on habeas corpus. Loughran v. Warden, 192 Md. 719, 64 A.2d 712.
Application denied, with costs.