Ex Parte Oliver

240 S.W.2d 316, 156 Tex. Crim. 235, 1951 Tex. Crim. App. LEXIS 1537

• Court: Court of Criminal Appeals of Texas
• Decided: June 6, 1951
• Docket: 25389
• Status: Published

Opinions

MORRISON, Judge.

Relator was convicted of murder and assessed the death penalty. This court affirmed the conviction (See Oliver v. State 155 Tex. Cr. R. 461, 236 S.W. 2d 143).

After receipt of the mandate of this court, the death sentence was pronounced against relator, as provided by law, and she is now confined in the penitentiary awaiting execution.

Application was made praying for release of relator upon habeas corpus and a hearing was ordered by District Judge P. C. Sanders, at the conclusion of which relator was remanded to the custody of the penitentiary authorities to await the action of this court.

This court has heard and.considered the petition as an original application for habeas corpus under the provisions of Art. 119, Vernon’s Ann. C.C.P.

Being a collateral attack, in order to be entitled to relief it is incumbent upon relator to show.that the judgment of conviction is void.

The allegations of the application are insufficient to raise a question as to the legality of the conviction, nor does the evidence heard thereon support the allegations.

The relief prayed for is therefore denied.