331 U.S. 786 (1947), 140, Francis v. Resweber

Docket Nº:No. 140, Misc.
Citation:331 U.S. 786, 67 S.Ct. 1312, 91 L.Ed. 1816
Party Name:Willie FRANCIS, petitioner, v. E. L. RESWEBER, Sheriff of the Parish of St. Martin, Louisiana. No. 1346. Willie FRANCIS, petitioner, v. E. L. RESWEBER, Sheriff of the Parish of St. Martin, Louisiana, et al.
Case Date:May 08, 1947
Court:United States Supreme Court
 
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Page 786

331 U.S. 786 (1947)

67 S.Ct. 1312, 91 L.Ed. 1816

Willie FRANCIS, petitioner,

v.

E. L. RESWEBER, Sheriff of the Parish of St. Martin, Louisiana.

No. 1346.

Willie FRANCIS, petitioner,

v.

E. L. RESWEBER, Sheriff of the Parish of St. Martin, Louisiana, et al.

No. 140, Misc.

United States Supreme Court.

May 8, 1947

OPINION

On petition for writ of certiorari to the Supreme Court of Louisiana.

On motion for leave to file petition for habeas corpus. The petition of Willie Francis v. E. L. Resweber, Sheriff of the Parish of St. Martin, Louisiana, for leave to file an original petition for habeas corpus is denied for reasons set forth in Ex Parte Hawk, 321 U.S. 114, 64 S.Ct. 448, 88 L.Ed 572. In view of the grave nature of the new allegation set forth

Page 787

in this petition, the denial is expressly without prejudice to application to proper tribunals.

Mr. Justice MURPHY is of opinion that the petition should be granted. The motion for leave to proceed in forma pauperis is granted. The petition for writ of certiorari and the application for stay are denied. Mr. Justice RUTLEDGE is of the opinion that the application in No. 140 Misc. should be treated as a petition for rehearing in No. 142 of October Term, 1946; so regarded, the petition should be granted; the judgment in No. 142...

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