Beard v. Warden of Maryland Penitentiary

This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Michaelson of the Circuit Court for Anne Arundel County. Petitioner was con victed of a violation of the narcotics law and sentenced on December 17, 1952, to fifteen years as a third offender, as prescribed by Code, 1951, Art. 27, Sec. 369, enacted as Chapter 466 of the Acts of 1951.

In his petition to the Circuit Court the applicant based his right to relief on two grounds. First, he says that he is being illegally confined because his sentence was based on a law that is unconstitutional because ex…