Downer v. Dunaway

It seems to me that the order appealed from was proper because the allegations of the petition for the writ of habeas corpus do not show that the appellant, before filing that petition, availed himself of process supplied by the law of Georgia for annulling a judgment of conviction brought about by conditions of mob violence prevailing throughout the trial, or that he bad any sufficient excuse for failing first to apply to a state court for relief. The opinion in the case of Moore v. Dempsey, 261 U. S. 86, 43 S. Ct. 265, 67 L. Ed. 543, shows that the court expressly assumed that the…