Joseph McKenna

“ Whenever any justice in either division differs from the other two as to any particular case pending before it, such case shall go to the court as a whole, or any one or more justices of the other division may be argued before one division only, it may, upon its own motion, but not otherwise, order a reargument therein. ”

“ Petition in habeas corpus, in which appellant was petitioner, which presents the following facts, stated narratively:
Appellant is confined in the common jail of Ware county in execution of a life sentence upon conviction for murder, the sentence having been affirmed by the supreme court of that state. ”

“ The appellant, therefore, was given an opportunity to be heard. Besides, the right of appeal is not essential to due process. Reetz v. Michigan, 188 U.S. 505, 508, 47 L. ed. 563, 566, 23 Sup. Ct. Rep. 390. It was, therefore, competent for the state to prescribe the procedure and conditions, and the cases cited by appellant are not apposite. ”