Bailey v. State, 4900
| Decision Date | 19 May 1958 |
| Docket Number | No. 4900,4900 |
| Parties | Luther BAILEY, Appellant, v. The STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Thad D. Williams, Little Rock, for appellant.
Bruce Bennett, Atty. Gen., and Thorp Thomas, Asst. Atty. Gen., for appellee.
Appellant, Luther Bailey, was convicted in the Pulaski Circuit Court, First Division, of the crime of rape, and was sentenced to death. On appeal to this court the judgment was affirmed. Bailey v. State, Ark., 302 S.W.2d 796. Certiorari to the United States Supreme Court was denied. Bailey v. State of Arkansas, 355 U.S. 851, 78 S.Ct. 77, 2 L.Ed.2d 59. Later, appellant filed in the same court where he was convicted a petition for writ of habeas corpus alleging that certain of his constitutional rights had been violated. He alleged specifically that he was denied compulsory process to obtain witnesses, in violation of Art. 2, § 10, of the Constitution of Arkansas, and the Fourteenth Amendment to the Constitution of the United States, and further that he is a member of the Negro race and that his conviction is void because Negroes have been systematically limited in selection of petit jury panels in the court where he was tried. He prayed that a writ of habeas corpus be issued to the end that the conviction be set aside. The trial court granted the petition to the extent of ordering the superintendent of the penitentiary, where petitioner was confined awaiting execution, to produce the petitioner in court. The petitioner then filed an amendment to the petition for writ of habeas corpus and stated: ; and prayed that his conviction be set aside.
The State, by the Attorney General, resisted the petition and affirmatively pleaded that Act 419 of 1957 is unconstitutional; that the Act would nullify Art. 2, § 11, of the Constitution of Arkansas, providing that the writ of habeas corpus shall not be suspended. At a hearing on the petition it was shown that prior to the trial the attorney for the defendant had requested the clerk of the court to issue subpoenas for the jury commissioners who had served as such from 1952 to the March term, 1956, inclusive, and that the court had refused to allow the clerk to issue the subpoenas. The trial court denied the petition, and the petitioner has appealed.
Act 419 of 1957 provides: ...
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