Ex Parte Collins

Court of Criminal Appeals of Oklahoma

Ex Parte Collins

1944 OK CR 75, 153 P.2d 243, 79 Okla. Crim. 193, 1944 Okla. Crim. App. LEXIS 76

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 15, 1944

DocketNo. A-10565.

StatusPublished

Cited by3 cases

This text of 1944 OK CR 75 (Ex Parte Collins) 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 Collins, 1944 OK CR 75, 153 P.2d 243, 79 Okla. Crim. 193, 1944 Okla. Crim. App. LEXIS 76 (Okla. Ct. App. 1944).

Pincite

Opinion

JONES, P. J.

This is an original proceeding in habeas corpus where the petitioner, Elmer Collins, seeks to secure his release from confinement in the State Penitentiary, at McAlester.

The Attorney General has filed a demurrer to the petition calling our attention to the fact that in the cases of Ex Parte Collins, 76 Okla. Cr. 163, 135 P. 2d 61, and Collins v. State, 59 Okla. Cr. 18, 55 P. 2d 790, the exact contention now presented by petitioner was in each of these cases considered and decided adversely to petitioner.

The verified petition complains of confinement of defendant because he was committed to the penitentiary to serve 37 years for the crime of attempted rape in the first degree. This same issue was presented in the two cases involving petitioner herein above cited. Our decisions in those cases were adverse to the contention of petitioner. The writ of habeas corpus is denied.

BAREFOOT, J., concurs. DOYLE, J., not participating.

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