Application of Boyd

WILLIAM E. MILLER, District Judge.

This is an application by the petitioner, Charles Boyd, for the writ of habeas corpus to obtain his release from confinement in the Tennessee Penitentiary upon the ground that he is presently serving a sentence of life imprisonment as a habitual criminal imposed under the original Habitual Criminal Act of Tennessee enacted in 1939 (Chapter 22, Tennessee Public Acts of 1939), and that such Act is in contravention of the due process clause of the Fourteenth Amendment to the Federal Constitution and therefore void. It is insisted that the Act itself being void,…