Ex parte Hull, 312 U.S. 546 (1941)
U.S. Supreme CourtEx parte Hull, 312 U.S. 546 (1941)
Ex parte Hull
No. ___, original
Decided March 3, 1941
312 U.S. 546
1. A state prison rule abridging or impairing a prisoner's right to apply to the federal courts for a writ of habeas corpus is invalid. P. 548.
2. A petition for habeas corpus attached as an exhibit to petitioner's response to a warden's return to an order to show cause is treated in this case as a motion for leave to file a petition for the writ. P. 312 U. S. 549.
3. A petition for a writ of habeas corpus to test the validity of a conviction for a second offense, committed while the petitioner was under sentence for a first offense but on parole, and sentence for which has not begun to be served, held not premature when revocation of the parole was due to the second conviction. P. 312 U. S. 549.
4. A motion for leave to file a petition for a writ of habeas corpus held not sufficient to require answer. P. 312 U. S. 550.
The petition was based on a variance between pleading and proof with respect to the date of the offense. The petitioner was represented by counsel throughout the trial, yet his petition did not say that any objection to evidence, claim of surprise, or motion for continuance was made because of such variance, or that he had an alibi for any other date. The petition did not make clear the extent of any variance, and no transcript of the trial was furnished.
Motion for leave to file a petition for writ of habeas corpus denied.