Smith v. Henderson

Jenkins, Justice.

1. The affidavits and an uncertified brief of evidence, by which the petitioner in this habeas-corpus petition attacked his conviction of murder as based on an alleged unlawfully obtained confession, in violation of the “due process of law” clause of the 14th amendment to the United States constitution, not being incorporated in the bill of exceptions or in any brief of evidence approved by the judge hearing ;the habeas corpus, and being identified only by filing entries made by the clerk, can not be considered, and questions dependent thereon can not be determined. Dolvin v.…