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Moore v. Dempsey, 261 U.S. 86 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Moore v. Dempsey, 261 U.S. 86 (1923)
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Moore v. Dempsey No.199 Argued January 9, 1923 Decided February 19, 1923 261 U.S. 86
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF ARKANSAS
Syllabus
1. Upon an appeal from an order of the District Court dismissing a petition for habeas corpus upon demurrer, the allegations of fact pleaded in the petition and admitted by the demurrer must be accepted as true. P. 87.
2. A trial for murder in a state court in which the accused are hurried to conviction under mob domination without regard for their rights is without due process of law and absolutely void. P. 90.
3. In the absence of sufficient corrective process afforded by the state courts, when persons held under a death sentence and alleging facts showing that their conviction resulted from such a trial, apply to the Federal District Court for habeas corpus, that court must find whether the facts so alleged are true, and whether they can be explained so far as to leave the state proceedings undisturbed. P. 91.
Reversed.
APPEAL from an order of the District Court dismissing a petition for habeas corpus upon demurrer.
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Chicago: U.S. Supreme Court, "Syllabus," Moore v. Dempsey, 261 U.S. 86 (1923) in 261 U.S. 86 261 U.S. 87. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2ENEBXBEVJURQCG.
MLA: U.S. Supreme Court. "Syllabus." Moore v. Dempsey, 261 U.S. 86 (1923), in 261 U.S. 86, page 261 U.S. 87. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2ENEBXBEVJURQCG.
Harvard: U.S. Supreme Court, 'Syllabus' in Moore v. Dempsey, 261 U.S. 86 (1923). cited in 1923, 261 U.S. 86, pp.261 U.S. 87. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2ENEBXBEVJURQCG.
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