Ex Parte Harlan Arnett
This text of 1943 OK CR 39 (Ex Parte Harlan Arnett) 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.
Opinion
This is an original proceeding in habeas corpus by one Harlan Arnett to secure his release from confinement in the State Penitentiary at McAlester.
No copy of the judgment and sentence pronounced against petitioner is attached to his petition and the petition does not recite the number of years for which he stands committed, the crime for which he was convicted, nor the court from which he was sentenced. It merely alleges in general terms that the petitioner’s conviction was unlawful because he had once been placed in jeopardy. and, secondly, that the court kept the jury together an unreasonable length of time in order to secure a verdict of guilty.
In Ex parte Shockley, 75 Okla. Cr. 263, 130 P. 2d 331, this court held:
“The writ of habeas corpus cannot be used to perform the office of a writ of error oh appeal, but is limited to cases in which the judgment and sentence of the court attacked is clearly void.”
See, also, Ex parte Tollison, 73 Okla. Cr. 38, 117 P. 2d 549.
There are no sufficient facts stated in the petition *211 which would justify this court in assuming jurisdiction to hear the matter.
The writ of habeas corpus is denied.
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Cite This Page — Counsel Stack
1943 OK CR 39, 135 P.2d 507, 76 Okla. Crim. 209, 1943 Okla. Crim. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-harlan-arnett-oklacrimapp-1943.