Sanders v. Johnston

I think the judgment in this case should be reversed. The court’s disposition invites another petition for the writ in a district court in which in the fiscal year 1946 seventy-two of such petitions were filed— that is 14 for each of the five overburdened district judges.

As stated in Holiday v. Johnston, 313 U.S. 342, 350, 61 S.Ct. 1015, 1017, 85 L.Ed. 1392, “A petition for [a writ of] habeas corpus ought not to be scrutinized with technical nicety. Even if it is insufficient in substance it may be amended in the interest of justice.” (Emphasis supplied.)

The allegation of the petition below…