Note 954 — AMENDMENT 14 (continued 4)
Reading edition
In re Oliver, 333 U.S. 257 (1948). On application for habeas corpus, the prisoner's commitment was reviewed by the Michigan appellate court in the light, not of the whole record, but only of fragmentary excerpts showing merely the testimony alleged to be false and evasive.
In a concurring opinion, Justice Rutledge advocated disposing of the case on the ground that the Michigan one-man grand jury system was in its entirety in conflict with the requirements of due process.
On the ground that the Michigan courts had not passed on the constitutionality of the procedure at issue, Justices Frankfurter and Jackson dissented and urged the remanding of the case. See also Gaines v. Washington, 277 U.S. 81, 85 (1928).