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MOORE v. DEMPSEY

No. 199.

261 U.S. 86 (1923)

MOORE ET AL. v. DEMPSEY, KEEPER OF THE ARKANSAS STATE PENITENTIARY.

Supreme Court of United States.

Decided February 19, 1923.

Attorney(s) appearing for the Case

Mr. U.S. Bratton and Mr. Moorfield Storey for appellants.

Mr. Elbert Godwin, with whom Mr. J.S. Utley, Attorney General of the State of Arkansas, and Mr. Wm. T. Hammock were on the brief, for appellee.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is an appeal from an order of the District Court for the Eastern District of Arkansas dismissing a writ of habeas corpus upon demurrer, the presiding judge certifying that there was probable case for allowing the appeal. There were two cases originally, but by agreement they were consolidated into one. The appellants are five negroes who were convicted of murder in the first degree and sentenced to...

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