Ex Parte Tapedo

Court of Criminal Appeals of Oklahoma

Ex Parte Tapedo

1927 OK CR 16, 252 P. 1117, 36 Okla. Crim. 89, 1927 Okla. Crim. App. LEXIS 142

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 15, 1927

DocketNo. A-6357.

StatusPublished

This text of 1927 OK CR 16 (Ex Parte Tapedo) 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 Tapedo, 1927 OK CR 16, 252 P. 1117, 36 Okla. Crim. 89, 1927 Okla. Crim. App. LEXIS 142 (Okla. Ct. App. 1927).

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Opinion

PER CURIAM.

This was a petition for a writ of habeas corpus to the warden of the state penitentiary, wherein Victor Tapedo alleges that he is unlawfully restrained and imprisoned in the penitentiary at McAlester upon a commitment issued out of the district court of Caddo county, upon a judgment and sentence rendered by said county court upon a verdict of a jury finding the petitioner guilty of murder, uxorcide, alleged to have been committed on an Indian allotment, which judgment was affirmed by this court (Tapedo v. State, 34 Okla. Cr. 165, 245 P. 897), and alleging that said court, for the reason stated, was without jurisdiction to render said judgment. Pending the determination of said cause, the death of the petitioner has been suggested by his counsel. *90 It is therefore considered and adjudged that the proceedings in this action do abate, and the cause is dismissed.

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PER CURIAM.

This was a petition for a writ of habeas corpus to the warden of the state penitentiary, wherein Victor Tapedo alleges that he is unlawfully restrained and imprisoned in the penitentiary at McAlester upon a commitment issued out of the district court of Caddo county, upon a judgment and sentence rendered by said county court upon a verdict of a jury finding the petitioner guilty of murder, uxorcide, alleged to have been committed on an Indian allotment, which judgment was affirmed by this court (Tapedo v. State, 34 Okla. Cr. 165, 245 P. 897), and alleging that said court, for the reason stated, was without jurisdiction to render said judgment. Pending the determination of said cause, the death of the petitioner has been suggested by his counsel. *90 It is therefore considered and adjudged that the proceedings in this action do abate, and the cause is dismissed.

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Bluebook (online)

1927 OK CR 16, 252 P. 1117, 36 Okla. Crim. 89, 1927 Okla. Crim. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-tapedo-oklacrimapp-1927.

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