HABEAS CORPUS. 1529

stitution of the United States, it shall be the duty of the said court or
judge ordering such release or discharge for said cause to reduce his opin-
ion to writing within five days after ordering said release or discharge,
and to transmit the original papers in said case, together with a copy of
its or his order of release or discharge, and of his said opinion, under his
hand and seal, to the clerk of the court of appeals; and it shall be the
duty of the said court to consider the papers so transmitted to its said
clerk, including said order of release or discharge, and said opinion, at
the earliest practicable period, after the receipt thereof by its said clerk,
and to give its opinion in writing upon the case so presented; and the said
opinion so given shall have and possess the same authority as if the same
was filed in a case formally heard and determined in said court on appeal.

Habeas corpus issued in accordance with this section; question of constitutionality
of the liquor law of 1917, ch. 13, applying to certain districts of Prince George's
county. See notes to art. 16, sec. 1, Md. Constitution. Beall v. State, 131 Md. 671.

For a case held to be properly before the appellate court for review under this
section, see State v. Glenn, 54 Md. 593.

This section held to have no application. Annapolis v. Howard, 80 Md. 246.

1920, ch. 515, sec. 17A.

17. Whenever application shall be made for a writ of habeas corpus
to inquire into the cause of detention of any person, who shall be con-
fined in any penal institution in this State, it shall be the duty of the
Judge granting said writ, upon fixing the time for hearing, to instruct
the clerk of the court in which such judge shall then be sitting, to give
such notice of the time and place of such hearing to the State's Attorney
for the county or city from which such person shall have been committed
to such penal institution as will enable such State's Attorney to attend
such hearing on behalf of the State.

1920, ch. 515, sec. 17B.

18. Whenever upon a return to a writ of habeas corpus and hearing
thereon, it shall appear that any person is detained in any penal insti-
tution in this State by virtue of any commitment of any Justice of the
Peace of this State or transcript from any court of record of this State,
and such commitment or transcript shall show or it shall otherwise ap-
pear to the Court that the Justice of the Peace or court by whom or by
which sentence was imposed on such person had jurisdiction to hear and
determine the case in which such sentence was imposed, and that the sen-
tence so imposed was such as was provided by the laws of this State for
the crime with which such person was charged before such justice or in
such court, the court to whom the return to such writ shall be made shall
not by reason of any errors, omissions or irregularities which may ap-
pear on the face of such commitment or transcript, discharge the person
so held, but may direct that such commitment or transcript shall be re-
turned by the officer in whose custody such person shall be detained to the
Justice of the Peace or court from whom or from which such commit-
ment or transcript shall have been received in order that such errors,
omissions or irregularities, may be corrected by such Justice of the Peace