In RE SCRUGGS v. Rhay

(dissenting) — The majority hold that this court and the federal district court have “concurrent jurisdiction” of this habeas corpus proceeding. In my opinion, the majority misconceive the meaning of this phrase as applied to the present situation.

Before I discuss the reasons and authority on which this dissent is based, I wish to supplement the statement of facts in this case.

From the rather meager record furnished us, it appears that, on March 7, 1963 (after the jury had brought in its verdict of guilty), the petitioner filed a motion for new trial supported by three affidavits.

One…