United States Ex Rel. Best v. Fay

WEINFELD, District Judge.

Petitioner, indicted for murder in the first degree, was permitted to plead guilty to murder in the second degree. He was sentenced to and is serving a term of from twenty years to life imprisonment. Having exhausted all available state remedies, he now seeks his release by way of Federal habeas corpus. His attack upon the judgment of conviction rests upon three separate grounds, none of which warrants Federal intervention.

First, he alleges that his right to due process under the Fourteenth Amendment was violated when the state court accepted his oral plea of guilty,…