Johns v. Overlade

SWYGERT, Chief Judge.

The petitioner asks for a discharge from the custody of the respondent, the Warden of the Indiana State Prison, on a writ of habeas corpus. He alleges that the judgment sentencing him to prison by the Circuit Court of Montgomery County, Indiana, is void because the procedure leading to it was in violation of the Due Process Clause of the Fourteenth Amendment. After the court had denied respondent’s motion to dismiss, an answer was filed and a writ of habeas corpus issued. The matter was heard June 9, 1953. The only evidence submitted was the transcript of the record filed…