[Download] "Goodwin v. Smyth" by United States Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Goodwin v. Smyth
• Author : United States Court of Appeals
• Release Date : January 13, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

This is an appeal from an order denying a writ of habeas corpus. Appellant was convicted of the crime of rape and sentenced to a term of imprisonment by a court of the State of Virginia. He sought writ of error to review his conviction but this was denied by the Supreme Court of Appeals of the State. He then applied for writ of habeas corpus to a state judge and asked to be released from imprisonment on the ground that his conviction and sentence were void in that they had been obtained by the use of perjured testimony on his trial. The state judge to whom application was made sustained this contention; but this action was reversed by the Supreme Court of Appeals of the state in a careful and painstaking opinion, which went into the case thoroughly and demonstrated beyond peradventure that there had been no denial of due process as claimed by appellant. See Smyth v. Godwin, 188 Va. 753, 51 S.E.2d 230. Certiorari to review this decision was denied by the Supreme Court of the United States 337 U.S. 946, 69 S. Ct. 1503. Appellant then filed petition for habeas corpus in the court below and supported his application by filing copy of the record made in the state court.

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