Smith v. O'Grady
312 U.S. 329 (1941)

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U.S. Supreme Court

Smith v. O'Grady, 312 U.S. 329 (1941)

Smith v. O'Grady

No. 364

Argued January 17, 1941

Decided February 17, 1941

312 U.S. 329

Syllabus

1. The remedy by habeas corpus is available in the courts of Nebraska for determining whether the petitioner's incarceration is in violation of the Federal Constitution. P. 312 U. S. 331.

2. A petition for habeas corps alleging facts showing a case of incarceration for a serious offense, resulting from a plea of guilty into the making of which the petitioner, an uneducated man unaided

Page 312 U. S. 330

by counsel, was tricked by state officer, states a cause of action under the due process clause of the Fourteenth amendment. P. 312 U. S. 334.

Reversed.

Certiorari, 311 U.S. 633, to review the affirmance of a judgment dismissing an application for writ of habeas corpus.

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