Holiday v. State
Court of Criminal Appeals of Tennessee
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
- In Re WINSHIPSupreme Court of the United States · 1970
- Tollett v. HendersonSupreme Court of the United States · 1973
- Speiser v. RandallSupreme Court of the United States · 1958
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Ex Parte VirginiaSupreme Court of the United States · 1880
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