Ex Parte Gower

Court of Criminal Appeals of Oklahoma

Ex Parte Gower

1950 OK CR 123, 223 P.2d 154, 92 Okla. Crim. 315, 1950 Okla. Crim. App. LEXIS 293

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 4, 1950

DocketA-11409

StatusPublished

Cited by9 cases

This text of 1950 OK CR 123 (Ex Parte Gower) 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 Gower, 1950 OK CR 123, 223 P.2d 154, 92 Okla. Crim. 315, 1950 Okla. Crim. App. LEXIS 293 (Okla. Ct. App. 1950).

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Opinion

JONES, P. J.

There was filed with the Clerk of the Criminal Court of Appeals an unverified petition by Walter Lee Gower in which he complained that he was illegally detained in the State Penitentiary upon a conviction for burglary in the second degree. The petition is quite rambling and in it petitioner contends that he *316 was not guilty of breaking into a place but alleges that lie was merely drinking and “got out of line by trespassing”. No copies of any of the instruments filed in the trial court are attached to the petition. The Attorney General has filed a demurrer to the petition.

We are of the opinion that an unverified petition for habeas corpus with allegations such as are herein set forth, there being ho certified copy of the information or judgment and sentence of the lower court attached to the petition, is insufficient to question the validity of the commitment by which the person is incarcerated in the penitentiary.

Demurrer sustained, and writ denied.

BRETT and POWELL, JJ., concur.

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JONES, P. J.

There was filed with the Clerk of the Criminal Court of Appeals an unverified petition by Walter Lee Gower in which he complained that he was illegally detained in the State Penitentiary upon a conviction for burglary in the second degree. The petition is quite rambling and in it petitioner contends that he *316 was not guilty of breaking into a place but alleges that lie was merely drinking and “got out of line by trespassing”. No copies of any of the instruments filed in the trial court are attached to the petition. The Attorney General has filed a demurrer to the petition.

We are of the opinion that an unverified petition for habeas corpus with allegations such as are herein set forth, there being ho certified copy of the information or judgment and sentence of the lower court attached to the petition, is insufficient to question the validity of the commitment by which the person is incarcerated in the penitentiary.

Demurrer sustained, and writ denied.

BRETT and POWELL, JJ., concur.

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Bluebook (online)

1950 OK CR 123, 223 P.2d 154, 92 Okla. Crim. 315, 1950 Okla. Crim. App. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-gower-oklacrimapp-1950.

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