Moore v. Dempsey

by the Supreme Court of the United States

United States Supreme Court

261 U.S. 86

Moore et al.  v.  Dempsey, Keeper of the Arkansas State Penitentiary

Appeal from the District Court of the United States for the Eastern District of Arkansas

No. 199  Argued: Jan. 9, 1923. --- Decided: Feb 19, 1923

1. Upon an appeal from an order of the District Court dismissing a petition for habeas corpus upon demurrer, the allegations of fact pleaded in the petition and admitted by the demurrer must be accepted as true. P. 87.
2. A trial for murder in a state court in which the accused are hurried to conviction under mob domination without regard for their rights, is without due process of law and absolutely void. P. 90.
3. In the absence of sufficient corrective proces afforded by the state courts, when persons held under a death sentence and alleging facts showing that their conviction resulted from such a trial, apply to the Federal District Court for habeas corpus, that court must find whether the facts so alleged are true, and whether they can be explained so far as to leave the state proceedings undisturbed. P. 91.

Reversed.

APPEAL from an order of the District Court dismissing a petition for habeas corpus upon demurrer.

Mr. U. S. Bratton and Mr. Moorfield Storey for appellants.

[p87] Mr. Elbert Godwin, with whom Mr. J. S. Utley, Attorney General of the State of Arkansas, and Mr. Wm. T. Hammock were on the brief, for appellee.

MR. JUSTICE HOLMES delivered the opinion of the Court.

MR. JUSTICE MCREYNOLDS, with whom MR. JUSTICE SUTHERLAND joins, dissenting.