Stewart v. Warden of Maryland House of Correction

This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge Smith of the Circuit Court for Baltimore County. In March, 1956, the applicant pleaded guilty in the Criminal Court of Baltimore to violation of the narcotics law and was sentenced to five years by Judge Carter, who suspended sentence conditionally. Less than five months later, the applicant was accused by the police of using heroin. After a hearing before Judge Carter, he was found to have violated the conditions of suspension and sentenced to five years in the House of Correction.

The applicant…