Ex parte Burton

Court of Criminal Appeals of Oklahoma

Ex parte Burton

1952 OK CR 146, 250 P.2d 227, 96 Okla. Crim. 142, 1952 Okla. Crim. App. LEXIS 233

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 12, 1952

DocketNo. A-11838

StatusPublished

Cited by2 cases

This text of 1952 OK CR 146 (Ex parte Burton) 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

Ex parte Burton, 1952 OK CR 146, 250 P.2d 227, 96 Okla. Crim. 142, 1952 Okla. Crim. App. LEXIS 233 (Okla. Ct. App. 1952).

Pincite

Opinion

JONES, J.

The petitioners, Jessie Burton and Robert 0. Burton, mailed to the Presiding Judge of the Criminal Court of Appeals an unverified petition for habeas corpus in which they allege that they were illegally restrained of their liberty by the warden of the State Penitentiary.

Athough the petition was unverified this court in deference to the apparent illiteracy of the petitioners set the petition for hearing to give them an opportunity to show that the sentence under which they were allegedly held was contrary to' law and allegedly made in violation of their constitutional rights.

No appearance was made for or on behalf of the petitioners and nothing further has been heard from them since the filing of the unverified petition. Although reference is made in the petition to the judgment and sentence, a copy of said judgment and sentence was not attached to the petition.

There being nothing before this court which would authorize or justify the issuance of a writ of habeas corpus, the petition is accordingly denied.

BRETT, P. J., and POWELL, J., concur.

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