Hensley v. Rose

MEMORANDUM OPINION AND CERTIFICATE

NEESE, District Judge.

The respondent showed cause why the federal writ of habeas corpus should not be granted herein. See answer herein of September 2,1975. The two contentions of the applicant therefor, Mr. Hensley, are that he was deprived of his federal right to due process of law, Constitution, Fourteenth Amendment, when (a) the state trial judge stated to the jury trying him that he (the applicant) was on trial for murder in the first degree, when, in fact, he was on trial for murder in the second degree; and (b) the prosecuting attorney commented to the…