HERBERT R. O'CONOR, GOVERNOR. 769

plement), title "Habeas Corpus", sub-title. "Jurisdiction and
Procedure", to be known as Sections 3 A, 3B, 3C and 3D, to
follow immediately after Section 3 of the said Article, and to
read as follows:

3A. Whenever it shall be made to appear to the judge
either from the application for the writ or otherwise, that the
applicant has previously been granted a hearing on a prior
application for release from confinement under the same com-
mitment, it shall be discretionary with the judge whether or
not to issue the writ. In exercising his discretion the judge
may consider whether new grounds of a substantial nature
appear to exist for the granting of the writ or whether the
grounds for the issuance of any former writ were fully and
adequately presented.

3B. No application shall be dismissed because technical
requirements of pleading have not been met, provided it shows
that the applicant is unlawfully restrained of his liberty; but
the judge considering the case may, at his discretion, dismiss
the petition or require it to be amended or otherwise ampli-
fied unless the application alleges facts sufficient, if true, to
probably show that the applicant is illegally detained. The
judge may, in his discretion, make such examination of public
records as seems desirable to determine whether the writ
should be granted.

3C. The aggrieved applicant may appeal to the Court of
Appeals from the refusal to issue a writ or from a final order
remanding him or dismissing the proceedings; and the At-
torney General or the State's Attorney for Baltimore City
or the County in which such application was presented may
appeal on behalf of the State. Such appeal shall be taken
within ten days. The Record shall be prepared as in appeals
in criminal cases and shall include such documents as were
considered by the judge and the testimony, if any; or in the
absence of a transcript of the testimony, a memorandum by
the judge setting forth the substance of the evidence consid-
ered by him, and his findings. On appeal, the Court of Ap-
peals may permit a hearing on the original papers and shall
disregard technical requirements of pleading and shall be
guided only by the justice of the cause and may affirm, reverse,
remand or modify the action of the lower Court; and the
Court of Appeals may, in its discretion, excuse the delay of
the petitioner where his appeal is not taken within the time
limited herein, if, in its judgment, such delay has not prej-
udiced the State and justice requires that the appeal be heard.

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