France v. Warden of Maryland House of Correction

This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Woodward, in the Circuit Court for Montgomery County. The petitioner was convicted of assault and false pretenses by Judge Carter, in the Criminal Court of Baltimore, and sentenced to terms of three years to run concurrently.

We need not consider at length the petitioner’s contention that the court erred in accepting the testimony of the petitioner’s wife as to the alleged assault, which he claims was perjured. We have repeatedly held that, in the absence of definite facts showing collusion or positive…