Potter Stewart

“ All that stood between the petitioner and a verdict of acquittal was a testimony of Allen-an admitted accomplice. Although Florida law does not require corroboration of an accomplice's testimony to sustain a conviction, Land v. State, Fla., 59 So.2d 370, the defendant has a right to demand that the trial judge instruct the jury that the 'evidence of an accomplice should be received by the jury with great caution.' Varnum v. ”

“ For these reasons, the requirements of due process made necessary the assistance of a lawyer if the circumstances alleged in the habeas corpus petition are true. On the present record there is no way to test their truth. But the allegations themselves made it incumbent upon the Florida courts to determine what the true facts were. ”

“ As the Florida Supreme Court has recently noted, 'There are literally thousands of cases in this country discussing the admission of such evidence.' Padgett v. State, Fla., 53 So.2d 106, 108. The problems which this testimony raised were thus beyond the ken of a layman, and it was clearly the kind of testimony that could seriously damage a defendant in the eyes of a jury. Finally, the transcript of the petitioner's previous trial would have offered a lawyer opportunities for impeachment of prosecution witnesses, opportunities of which we cannot assume that a layman would be aware. ”