Smith v. O’grady, 312 U.S. 329 (1941)

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 312 U.S. 321, click here.

Smith v. O’Grady

No. 364

Argued January 17, 1941
Decided February 17, 1941
312 U.S. 329

CERTIORARI TO THE SUPREME COURT OF NEBRASKA

Syllabus

1. The remedy by habeas corpus is available in the courts of Nebraska for determining whether the petitioner’s incarceration is in violation of the Federal Constitution. P. 331.

2. A petition for habeas corps alleging facts showing a case of incarceration for a serious offense, resulting from a plea of guilty into the making of which the petitioner, an uneducated man unaided by counsel, was tricked by state officer, states a cause of action under the due process clause of the Fourteenth amendment. P. 334.

Reversed.

Certiorari, 311 U.S. 633, to review the affirmance of a judgment dismissing an application for writ of habeas corpus.