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Bowie v. Warden

Bowie v. . Warden of Maryland Penitentiary

Bowie v. Warden, 60 A.2d 185 (Md. 1947)
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Court
Court of Appeals of Maryland · State Highest Courts
Decided
November 13, 1947
Docket
Nos. [H.C. No. 10, October Term, 1947.]
Judges
<italic>Per Curiam</italic>.
Citations
60 A.2d 185190 Md. 7281947 Md. LEXIS 382

Opinion of the Court — Per Curiam

This is an application for leave to appeal from refusal of a writ of habeas corpus. Jackson v. Warden of Maryland House of Correction, 190 Md. 717 , 60 A.2d 179 , just decided.

Petitioner is imprisoned under sentence for life for rape. He alleges that he was illegally arrested without a warrant and held for two days before charges were placed against him and that the court erroneously admitted *Page 729 evidence (not stated) "purporting to sustain" the accusations against him without "documentary proof". Even if he was illegally arrested and held, he did not thereby obtain absolution from punishment when lawfully indicted, tried and convicted. Davis v. Brady, Warden, 188 Md. 113 , 51 A.2d 827 ; Edmondson v. Brady, 188 Md. 96 , 52 A.2d 96 . Procedural details (not fundamental), including rulings on evidence, cannot be reviewed on habeas corpus. Olewiler v. Brady, 185 Md. 341 , 344, 44 A.2d 807 .

Application denied, without costs .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

View all citing references →
1948: 51949: 21950: 11952: 11955: 11964: 12001: 419482026peak 1948 · 5

Relies on it most ⓘ

  1. Holliday v. Warden of Maryland Penitentiary62 A.2d 573 (Md. 1948)
  2. Bowie v. State200 A.2d 557 (Md. 1964)
  3. Harry L. Cumberland v. Warden, Maryland Penitentiary227 F.2d 310 (4th Cir. 1955)
  4. State ex rel. Wilson v. Warden60 A.2d 185 (Md. 1948)
  5. State ex rel. Williams v. Warden of Maryland Penitentiary60 A.2d 186 (Md. 1948)
  6. Wright v. Swenson62 A.2d 573 (Md. 1948)

Most recent

  1. Bowie v. Warden201 Md. 648 (2001)
  2. Cumberland v. Warden of Maryland Penitentiary109 A.2d 66 (Md. 2001)
  3. Wagner v. Warden of Maryland Penitentiary109 A.2d 118 (Md. 2001)
  4. Haynie v. Warden of Maryland Penitentiary124 A.2d 285 (Md. 2001)
  5. Bowie v. State200 A.2d 557 (Md. 1964)
  6. Harry L. Cumberland v. Warden, Maryland Penitentiary227 F.2d 310 (4th Cir. 1955)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Olewiler v. Brady, 44 A.2d 807 (Md. 1945) 51
Edmondson v. Brady, 52 A.2d 96 (Md. 1947) 13
Davis v. Brady, 51 A.2d 827 (Md. 1947) 11
Jackson v. Warden of Md. House of Corr., 60 A.2d 179 (Md. 1947) 8

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