Smith v. Warden of Maryland Penitentiary

Carl Smith was convicted of assault with intent to murder and sentenced to fifteen years in the Penitentiary by Judge Carter. Subsequently, this sentence was reduced to ten years. He has applied here for leave to appeal from the denial of the writ of habeas corpus by Judge Joseph Byrnes of Baltimore.

The applicant contends that defense witnesses were not permitted to testify, that his conviction was based on perjured testimony and that his court-appointed counsel was incompetent. The record discloses that at the end of the trial the applicant’s counsel, who had been employed by him, stated…