Harold Hitz Burton

“ Such reinsurance that no one is punished in violation of basic notions of justice does not of course require determination of such a claim by another jury. 'Each State may decided for itself whether, after guilt has been determined by the ordinary processes or trial and affirmed on appeal, a later challenge to its essential justice must come in the first instance, or even in the last instance, before a bench of judges rather than before a jury.' Hysler v. ”

“ Like every capital case, it is one of serious moment. In the state courts and here, consideration must be given to each material issue of fact and law. Both opinions handed down by the Supreme Court of Alabama disclose an appreciation by its members of their constitutional obligations to the petitioner, the State and the nation. ”

“ There is nothing in the record on former appeal to indicate the slightest appeal to prejudice, nor was a single untoward incident recorded. We think it is asking entirely too much of the court to believe that this defendant, in the secrecy of consultation with his own able counsel, would say to counsel in substance that there was nothing upon which to base an objection to his confessions, solely because he was under fear generated by treatment which he claims was accorded him on July 3, nearly four months previous.' Ex parte Taylor, supra, 249 Ala. ”

“ A state must furnish corrective process to enable a convicted person, even after such proceedings as I have outlined, to establish that in fact a sentence was procured under circumstances which offend 'the fundamental conceptions of justice which lie at the base of our civil and political institutions.' Mooney v. ”

“ Strang v. United States, 5 Cir., 53 F.2d 820; United States v. Plumer, 27 Fed.Cas. pages 561, 571-574, No. 16,056. See also, United States v. Smith, 331 U.S. 469, 475, 476, n. 4, 67 S.Ct. 1330, 1333, 1334, 91 L.Ed. 1610; United States v. ”