Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-12-29
Appeal 10 United States Su-
preme Court Granted Allan
ia Man Charged With Mur-.
der Of l5-year-oId Girl.
NOVEL QUESTIONS ARE
PRESENTED BY CASE
Full Bench Of Highest Tribunal
in Country viii Give Hearing
to Man Accused Of Afro
cious Crime,

fss noeNiso JOURNAL SPECIAL lskerp wirfi
Washington. Dec. 2S.-Justice La
mar. of the supreme court. today
granted an appeal from the refusal Of
the federal district court for north
ern Georgia to release ON habeas cor
pus proceedings Leo NJ. Frank. un-
der death sentence for the murder Of
Mary Phagan, a l5-year-od factory
girl Of Atlanta, Ga
Frank is sentenced to. die on Janu-
AIRY %, but Justice Lamar's action
effects an Indefinite stay of execution.
Thirty days are given for filing the
record of the proceedings In the lower
court. immediately after that has
been done, the state OF Georgia may
ask that the case be advanced for
hearing and such suggestions are gen.
orally granted. although in the regu-
lar course the case would not come
up for a year and half
Novel Question Involved.
The entire court viii pass on
Franks right To seek release from
custody on writ OF habeas corpus on
the ground that the trial court IN Full
ton county Georgia. lost jurisdiction
over him by It's failure 10 have him
present when the Jury returned lis
verdict of guilty Should the court
decide he was entitled 10 ask for the
writ. thus reversing Judge Newman
Of the lower court, the case may be
remaaaed to the district court for Inc
taking of evidence In support OF the
position Should II eventually be held
that Frank must be released from
custody it is said, q nloofed question.
NAY akfse as t0 the power OF tste state
to indict and try him a second time.
This was the second time Franks
fate had rested in Justice Lamars
hands. After the Georgia supreme
court had declined to set aside the
verdict of conviction. Justice Lamar
was asked to issue a writ of error for
the supreme court to review the case.
lie declined on the ground that no
federal question was presented inas-
much as questions Of procedure were
for the states to decide. Justice
Holmes and eventually the other
members of the court. on being pefi-
toned, took the same ground.
Application was then made In the
Georgia federal court for Franks re-
lease on writ of habeas corpus.
Judge Newman held the condemned
man was not entitled to the writ and
refused to grant an appeal to the su-
preme court from his decision because
he was unwilling to issue certificate
of probable cause as required by
federal statute of 1908 in such ap-
peals.
Probable Cause Is Shown.
Justice Lamar was then asked 10
grant the appeal and issue the GER
tficate. IN announcing his decision
today the justice said he has found
that several questions Of federal law,
unsettled by the supreme court. exist
ed in the case giving rise to prob
able cause" for the appeal.
These questions were whether the
federal constitution required an ae-
cused TO. be present when a verdict
was returned against. him in state
court; the effect of the accused mol
raising the point of his absence on
motion for q new trial; and the ei-
feet of the supreme courts own ae.
ton IN refusing to grant the writ OF
error in case where an alleged 1uris-
dictional question was presented IN
motion filed at time not authorized
by the practice Of the state where the
trial took place,