Hedgebeth v. North Carolina, 334 U.S. 806 (1948)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 334 U.S. 804, click here.

Hedgebeth v. North Carolina

No. 674

Argued April 27, 1948
Decided June 14, 1948
334 U.S. 806

CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA

Syllabus

1. The state supreme court having affirmed dismissal of a habeas corpus proceeding involving a claim of federal constitutional right on the ground that the full record was not before it, the writ of certiorari granted to review that judgment is dismissed because the judgment can rest on an adequate nonfederal ground. P. 807.

2. A state prisoner’s rights under the Federal Constitution must be pursued in accordance with the state procedure or, in default of relief by available state procedure, by a new claim of denial of federal right for want of such relief. P. 807.

228 N.C. 259, 45 S.E.2d 563, certiorari dismissed.

Petitioner sued in a state court for habeas corpus to secure release from imprisonment under a conviction alleged to have denied his federal constitutional rights. A judgment dismissing the writ was affirmed by the State supreme court. 228 N.C. 259, 45 S.E.2d 563. This Court granted certiorari. 333 U.S. 854. Dismissed, p. 807.