Ex Parte Hodges

Court of Criminal Appeals of Oklahoma

Ex Parte Hodges

1919 OK CR 169, 180 P. 717, 16 Okla. Crim. 113, 1919 Okla. Crim. App. LEXIS 156

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 20, 1919

DocketNo. A-3172.

StatusPublished

This text of 1919 OK CR 169 (Ex Parte Hodges) 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 Hodges, 1919 OK CR 169, 180 P. 717, 16 Okla. Crim. 113, 1919 Okla. Crim. App. LEXIS 156 (Okla. Ct. App. 1919).

Pincite

Opinion

PER CURIAM.

The petitioner, Wesley Hodges, filed his petition for a writ of habeas corpus in this court by mail, wherein it is averred that he is unlawfully held under a commitment issued out of the superior court of Ok-mulgee county upon a judgment rendered in said court upon a verdict finding said petitioner guilty of the crime of perjury.

It is further averred that the facts stated in the information upon which he was convicted do not constitute a criminal offense, and for this reason the court was without- jurisdiction to try, sentence, or imprison petitioner thereunder.

Counsel for the state have moved to dismiss said ■cause for the reason that said petition does not state facts sufficient to entitle the petitioner to the relief prayed for.

*114 The motion to dismiss is sustained, and the cause is dismissed.

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PER CURIAM.

The petitioner, Wesley Hodges, filed his petition for a writ of habeas corpus in this court by mail, wherein it is averred that he is unlawfully held under a commitment issued out of the superior court of Ok-mulgee county upon a judgment rendered in said court upon a verdict finding said petitioner guilty of the crime of perjury.

It is further averred that the facts stated in the information upon which he was convicted do not constitute a criminal offense, and for this reason the court was without- jurisdiction to try, sentence, or imprison petitioner thereunder.

Counsel for the state have moved to dismiss said ■cause for the reason that said petition does not state facts sufficient to entitle the petitioner to the relief prayed for.

*114 The motion to dismiss is sustained, and the cause is dismissed.

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Bluebook (online)

1919 OK CR 169, 180 P. 717, 16 Okla. Crim. 113, 1919 Okla. Crim. App. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-hodges-oklacrimapp-1919.