Search Supreme Court Cases
MOORE V. DEMPSEY, 261 U. S. 86 (1923)
U.S. Supreme Court
Moore v. Dempsey, 261 U.S. 86 (1923)
Moore v. Dempsey
Argued January 9, 1923
Decided February 19, 1923
261 U.S. 86
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. 261 U. S. 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. 261 U. S. 90.
3. In the absence of sufficient corrective process 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. 261 U. S. 91.
APPEAL from an order of the District Court dismissing a petition for habeas corpus upon demurrer.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.