“Ascertaining truth”

May 10, 2012

  • 197 Habeas Corpus
  • 197III Jurisdiction, Proceedings, and Relief
  • 197III(C) Proceedings
  • 197III(C)3 Hearing
  • 197k752 Conduct of Hearing
  • 197k752.1 k. In General.

197 Habeas CorpusIn federal habeas corpus proceeding involving legality of detention of state prisoner, state’s objection to federal judge asking questions and searching the record, rejected on ground that at least since the days of Socrates asking questions has been recognized as method of ascertaining truth and the very object of habeas corpus is to search records to prevent illegal imprisonments.
U. S. ex rel. Brown v. Smith, 200 F. Supp. 885 (D. Vt. 1961)