Legal Opinion · Dissent

Holiday v. State

Court of Criminal Appeals of Tennessee

Decided July 10, 1973Published

1DissentOliver, Judge

The District Attorney General demurred to Holiday’s post-conviction petition “on the ground that the allegations contained in such Petition are insufficient as a matter of law to support the relief prayed for.”

It is fundamental that a demurrer admits all well-pleaded facts and all reasonable inferences to be drawn therefrom. Couch v. Hall, 219 Tenn. 616, 412 S.W.2d 635; Neese v. Brown, 218 Tenn. 686, 405 S.W.2d 577; Snow v. Adamson, 215 Tenn. 341, 385 S.W.2d 759; Cash & Carry Lumber Company, Inc. v. Olgiati, 215 Tenn. 287, 385 S.W.2d 115; Scott v. Travelers Indemnity Company, 215 Tenn. 173,…

2Cases cited25 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Tollett v. HendersonSupreme Court of the United States · 1973
  3. Speiser v. RandallSupreme Court of the United States · 1958
  4. Strauder v. West VirginiaSupreme Court of the United States · 1880
  5. Ex Parte VirginiaSupreme Court of the United States · 1880

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