Ex Parte Powell
This text of 1936 OK CR 144 (Ex Parte Powell) 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 petition in ha-beas corpus. The petitioner alleges that he is unlawfully restrained by the warden of the penitentiary by virtue of a conviction in Lincoln county, Okla., on a charge of grand larceny; that he has been denied due process of law as guaranteed to him by the Constitution of the state of Oklahoma, and the United States. And that he has been denied the advice of counsel and compulsory process for obtaining witnesses. Upon the allegations of the' petition, the court declined to issue a writ, but issued a rule to show cause.
The warden of the state penitentiary has filed a return to the rule to show cause, and has attached hereto various exhibits, including a certified copy of the testimony taken and the judgment of the court, and a record of the trial as kept by the clerk of the district court. From all of which it is conclusively made to appear that there is no merit whatever in petitioner’s contention.
The record shows that the defendant in the trial of his case was represented by able counsel, and the minutes of the court show that the trial was regular, and that he was accorded a fair and impartial trial according to the forms of law.
The writ is therefore denied.
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Cite This Page — Counsel Stack
1936 OK CR 144, 63 P.2d 771, 60 Okla. Crim. 257, 1936 Okla. Crim. App. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-powell-oklacrimapp-1936.