Robert Lee Sims v. Frank A. Eyman, Superintendent of Arizona State Penitentiary

This is an appeal from a judgment of the district court, after hearing, denying a writ of habeas corpus sought by a state prisoner awaiting execution for the crime of murder. We affirm.

The appeal presents a series of constitutional or purported constitutional questions. They are:

1. Is there a denial of due process, equal protection, and the right not to plead guilty and demand a jury trial, where the state jury has power to assess the death penalty in a capital case with-, out hearing evidence solely in mitigation of punishment, while on a guilty plea to a state judge the court may hear such evidence ?

2. Is there a denial of fair trial and a lack of due process where jurors are excused on the basis of their answers to questions concerning capital punishment, and where the jury has no standards by which to determine the propriety of imposing the death penalty?

3. Is the death penalty cruel and unusual punishment in violation of the constitution?

4. May a state constitutionally provide that a prosecution for a criminal offense be had on the filing of an information by the district attorney, rather than by indictment by a grand jury?

5. Is there a denial of a fair trial and…