Clarke v. Cobb

Grice, Justice.

In order for the applicant for the writ of habeas corpus to prevail, it must appear that his detention is illegal. His imprisonment being under a sentence of a court, after a finding of guilty on a criminal charge, he must show that the judgment of conviction was void. His insistence is that his contention must be sustained, for two reasons. First, that he was not given a trial by jury. Second, that he was tried without having an attorney to represent him. There is not even a suggestion in the record that he requested either; and therefore there was no express refusal to permit…