Melton v. Beard

DEAVER, District Judge.

This is a petition for the writ of habeas corpus on the ground that petitioner was denied the due process of law guaranteed to him by the Constitution of the United States (Amendment 14).

Petitioner was indicted in Muscogee superior court for the offense of rape. Counsel was appointed by the court to represent the defendant. A trial was had before a jury and resulted in conviction. Defendant’s father, acting independently of defendant and of the court, thereupon conferred with defendant’s counsel and paid him $25 to file and argue a motion for new trial, informing…