Gibbons v. Hudspeth

The opinion of the court was delivered by

Hoch, J.:

In an original proceeding in habeas corpus, the petitioner seeks release from the penitentiary where he is serving a life *3sentence for murder in the first degree. Summarized, his contentions. are that his constitutional rights were violated in that (1) he was prosecuted upon information rather than after indictment by a grand jury; (2) he was denied due process of law because the court did not properly instruct the jury on the question of self-defense; (3) he was denied due process of law in that he was tried, convicted and sentenced within a…