In re Sears

Petitioner seeks discharge from State custody under a writ of habeas corpus issued upon his petition challenging the constitutionality of §§ 25009 and 26104 of the California Corporations Code.

The return filed by respondent Sheriff asserts that petitioner is held under a valid final judgment and sentence of the State court following conviction of the crime of violating the above-cited provisions of California’s laws regulating the sale of corporate securities.

Petitioner’s extensive arguments, that the California statutes in question are repugnant to the Federal Constitution, were presented to and rejected by the appellate courts of California. See People v. Sears, 138 Cal.App.2d 773 , 292 P.2d 663 (Hearing in California Supreme Court denied, Feb. 29, 1956).

These same constitutional issues are now tendered here, but respondent urges that they cannot properly be reached in this proceeding because petitioner has failed to exhaust his adequate State remedies.

Section 2254 of Title 28 of the United States Code provides in part that: “An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless…