Opinion of the Court.

CHESSMAN v. TEETS, WARDEN.

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

No. 196. Decided October 17, 1955.

Petitioner applied to a Federal District Court for a writ of habeas corpus, claiming that his automatic appeal to the California Supreme Court from a conviction for a capital offense had been heard upon a fraudulently prepared transcript of the trial proceedings. Held: His application alleged a denial of due process of law in violation of the Fourteenth Amendment; it should not have been summarily dismissed; and the case is remanded to the District Court for a hearing.

221 F.2d 276, reversed.

Jerome A. Duffy for petitioner.

PER CURIAM.

Petitioner applied to the United States District Court, Northern District of California, Southern Division, for a writ of habeas corpus, claiming that his automatic appeal to the California Supreme Court from a conviction for a capital offense had been heard upon a fraudulently prepared transcript of the trial proceedings. The official court reporter had died before completing the transcription of his stenographic notes of the trial, and petitioner alleges that the prosecuting attorney and the substitute reporter selected by him had, by corrupt arrangement, prepared the fraudulent transcript. On the record before us, there is no denial of petitioner's allegations. The District Court, without issuing the writ or an order to show cause, dismissed the application as not stating a cause of action. 128 F. Supp. 600. 128 F. Supp. 600. The Court of Appeals affirmed the order of the District Court. 221 F. 2d 276. The charges of fraud as such set forth a denial of due process of law in violation of the

Opinion of the Court.

350 U.S.

Fourteenth Amendment. See Mooney v. Holohan, 294 U. S. 103. Without intimating any opinion regarding the validity of the claim, we hold that in the circumstances disclosed by the record before us the application should not have been summarily dismissed. Accordingly, the petition for a writ of certiorari is granted, the judgment of the Court of Appeals is reversed and the case is remanded to the District Court for a hearing.

MR. JUSTICE REED, MR. JUSTICE BURTON, and MR. JUSTICE CLARK dissent.

THE CHIEF JUSTICE took no part in the consideration or decision of this case.

Decree.

MISSISSIPPI v. LOUISIANA.

No. 11, Original. Argued October 11, 1955, on exceptions to the Report of the Special Master.-Decree entered October 17, 1955.

Final decree fixing the true boundary between Mississippi and Louisiana at certain points on the Mississippi River.

D. K. McKamy served as Special Master by appointment of the Court, 346 U. S. 862.

Gerard H. Brandon and James D. Thomas, Special Assistant Attorneys General, argued the cause for the State of Mississippi, plaintiff. With them on the brief were J. P. Coleman, Attorney General, and Clarence Clifton and Charles Kohlmeyer, Associate Attorneys.

Ashton L. Stewart, Special Assistant Attorney General, argued the cause for the State of Louisiana, defendant. With him on the brief were Fred S. LeBlanc, Attorney General, John L. Madden, Assistant Attorney General, and Edgar H. Lancaster, Jr. and Lane Fuller, Special Assistant Attorneys General.

DECREE.

This cause having been submitted upon the pleadings, evidence and exhibits after arguments by counsel upon the exceptions of the State of Louisiana to the Report of the Special Master, the Court, having duly considered the same and being fully advised in the premises, now enters the following order:

The exceptions to the Report of the Special Master are overruled. The Report of the Special Master is adopted and his proposed decree is approved and

It is Ordered, Adjudged and Decreed that the true boundaries between the States of Mississippi and Louisiana at the places involved in this case be and they hereby are found and concluded to be as follows:

Description by geodetic positions (North American Datum) of the line that forms the Mississippi-Louisiana state boundary between Latitude 32° 15′ and 32° 09′ and Longitude 90° 58′ to 91° 07′, that is, in the area commonly known as Reed-Bedford, Oak Bend, Diamond Island and Diamond Point.

Beginning at a point where the live thalweg of the Mississippi River crosses the line 32° 15′ North Latitude;

Thence Southward along the live thalweg of the Mississippi River to a point where the live thalweg crosses the line that runs South 60° East from the point that is at Lat. 32° 11' 34"-Long. 90° 59′ 47′′.

Thence leaving the thalweg of the Mississippi River and running North 60° West to the point being at Lat. 32° 11′ 34′′-Long. 90° 59′ 47′′;

Thence running Westward along the dead thalweg of the abandoned channel of the Mississippi River (lower Oak Bend) to a point that is at Lat. 32° 11′ 29′′’—Long. 91° 00′ (S-5, Smith Exhibit 5).

Thence leaving the dead thalweg of the abandoned channel of lower Oak Bend and running Northward (along the Suter line, Smith Exhibit 5) to a point that is at Lat. 32° 11′ 46′′-Long. 91° 00′ 09" (S-4, Smith Exhibit 5); Thence Northward to a point that is at Lat. 32° 11' 51"-Long. 91° 00' 11" (S-3, Smith Exhibit 5); Thence Northward to a point that is at Lat. 32° 12' 44"-Long. 91° 00′ 20′′ (S-2, Smith Exhibit 5); Thence Northward to a 13' 09"-Long. 91° 00′ 14" Thence Northward to a 13' 21"-Long. 91° 00' 10" Thence running Westward along the dead thalweg of the abandoned channel of the Mississippi River that loops around the Northern side of Diamond Island (Diamond Island Towhead) to a point that is at Lat. 32° 13′ 22′′Long. 91° 00′ 13′′;

point that is at Lat. 32° (S-1, Smith Exhibit 5); point that is at Lat. 32° (S, Smith Exhibit 5).

Thence Westward to a point that is at Lat. 32° 13′ 26′′-Long. 91° 00′ 22′′;

Thence Westward to a point that is at Lat. 32° 13' 31"-Long. 91° 00' 30";

Thence Westward to a point that is at Lat. 32° 13′ 36′′-Long. 91° 00′ 37′′';

Thence Westward to a point that is at Lat. 32° 13′ 44′′-Long. 91° 00′ 47′′;

Thence Westward to a point that is at Lat. 32° 13' 49"-Long. 91° 00' 53";

Thence Westward to a point that is at Lat. 32° 13′ 55′′-Long. 91° 01';

Thence Westward to a point that is at Lat. 32° 14′— Long. 91° 01' 05";

Thence Westward to a point that is at Lat. 32° 14' 09'-Long. 91° 01′ 15′′;

Thence Westward to a point that is at Lat. 32° 14′ 17′′-Long. 91° 01′ 29′′;

Thence Westward to a point that is at Lat. 32° 14' 23'-Long. 91° 01′ 43′′;

Thence Westward to a point that is at Lat. 32° 14' 29"-Long. 91° 02';

Thence Westward to a point that is at Lat. 32° 14' 32"-Long. 91° 02' 16";

Thence Southward to a point that is at Lat. 32° 14′ 31′′-Long. 91° 02′ 33′′;

Thence Southward to a point that is at Lat. 32° 14′ 26′′-Long. 91° 02′ 48′′;

Thence Southward to a point that is at Lat. 32° 14' 16'-Long. 91° 03';

Thence Southward to a point that is at Lat. 32° 14′ 00′′ Long. 91° 03′ 06′′;

Thence Southward to a point that is at Lat. 32° 13′ 54′′-Long. 91° 03′ 08′′ ("C" Smith Exhibit 5).

Thence running Southward (along Smith line "C" Exhibit 5) to the point that is Lat. 32° 13′ 41′′-Long. 91° 03' 10" (C-1 Smith Exhibit 5);

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