Legal Opinion

Herndon v. Lowry

Supreme Court of the United States

Decided April 26, 1937No. 474 and 475PublishedCited by 418 opinions

1Opinion of the CourtJustice Roberts

The appellant claims his conviction in a state court deprived him of his liberty contrary to the guarantees of the Fourteenth Amendment. He assigns as error the action of the Supreme Court of Georgia in overruling his claim and refusing him a discharge upon habeas corpus. The petition for the writ, presented to the Superior Court of Fulton County, asserted the appellant was unlawfully detained by the appellee as sheriff under the supposed authority of a judgment pronouncing him guilty of attempting to incite insurrection, as defined in § 56 of the Penal Code, and sentencing him to…

2Cases cited22 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Stromberg v. CaliforniaSupreme Court of the United States · 1931
  3. Schenck v. United StatesSupreme Court of the United States · 1919
  4. Whitney v. CaliforniaSupreme Court of the United States · 1927
  5. Gitlow v. New YorkSupreme Court of the United States · 1925

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3Cited by418 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Broadrick v. OklahomaSupreme Court of the United States · 1973
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Cantwell v. ConnecticutSupreme Court of the United States · 1940

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