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COCHRAN V. KANSAS, 316 U. S. 255 (1942)

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U.S. Supreme Court

Cochran v. Kansas, 316 U.S. 255 (1942)

Cochran v. Kansas

No. 510

Argued April 7, 8, 1942

Decided May 11, 1942

316 U.S. 255

Syllabus

1. The conclusion of the Supreme Court of Kansas -- that the record of criminal proceedings in a state court showing that the defendant was represented throughout by counsel and revealing on its face no irregularity in the trial is sufficient refutation of his unsupported charge in a petition for habeas corpus that he was denied the right to summon witnesses and to testify for himself -- is accepted in this case. P. 316 U. S. 256.

2. Upon review of a judgment of a state supreme court denying a petition for a writ of habeas corpus which alleged that the petitioner, having been convicted of crime and incarcerated in a penitentiary, had endeavored to appeal from his conviction within the time allowed by state law, but without success because the prison officials, following prison rules, had suppressed his appeal documents, but where it did not appear that the truth of these allegations had been inquired into before dismissal of the petition -- held that the case should be sent back to the state court for further proceedings. P. 316 U. S. 256.

153 Kan. 777, 113 P.2d 1048, reversed.

Certiorari, 314 U.S. 588, to review a judgment of the Supreme Court of Kansas dismissing a petition for a writ of habeas corpus.





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