Davidson v. State

Court of Criminal Appeals of Oklahoma

Davidson v. State

1964 OK CR 62, 393 P.2d 246, 1964 Okla. Crim. App. LEXIS 188

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 10, 1964

DocketNo. A-13504

StatusPublished

Cited by1 cases

This text of 1964 OK CR 62 (Davidson v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davidson v. State, 1964 OK CR 62, 393 P.2d 246, 1964 Okla. Crim. App. LEXIS 188 (Okla. Ct. App. 1964).

Pincite

Opinion

NIX, Judge.

This is an original proceedings filed by the petitioner, Haskell F. Davidson, seeking his release from confinement in Oklahoma State Penitentiary by Writ of Habeas Corpus.

ITe attempts to raise the question of the statutes of limitations in this proceedings, which cannot be considered as it is strictly a matter of defense and is not jurisdictional.

This Court will again repeat its ruling, as in the case of Hirst v. Raines, Okl. Cr., 369 P.2d 465 :

Where trial court has jurisdiction of the person of petitioner, jurisdiction of subject matter, and authority under the law to pronounce judgment and sentence, relief may not be granted by habeas corpus.

See also, Heard v. Raines, Okl.Cr., 359 P.2d 741; In re: Knapp, Okl.Cr., 359 P.2d 1084.

He further complains that he was not represented by counsel. The minutes of the court attached to petition state that he was thoroughly advised of his constitutional rights.

This Court recently covered this' question in Huggins v. State, Okl.Cr., 388 P.2d 341, and we do not deem it necessary to again recite our ruling on this.

The petition is accordingly denied.

JOHNSON, P. J, and BUSSEY, J., concur.

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