Hobert v. State

Court of Criminal Appeals of Oklahoma

Hobert v. State

1965 OK CR 38, 400 P.2d 575, 1965 Okla. Crim. App. LEXIS 207

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 31, 1965

DocketNo. A-13595

StatusPublished

This text of 1965 OK CR 38 (Hobert v. State) 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

Hobert v. State, 1965 OK CR 38, 400 P.2d 575, 1965 Okla. Crim. App. LEXIS 207 (Okla. Ct. App. 1965).

Pincite

Opinion

NIX, Judge.

This is an original proceedings in which-the petitioner, Delbert Jeroid Hobert, seeks; his release from the penitentiary by Writ of Habeas Corpus.

He has filed his petition in this. Court without the necessary documents attached. This Court has held in numerous cases, as in the case of Shelton v. State, Okl. Cr., 381 P.2d 324, that:

“Where inmate of penitentiary wishes-to challenge judgment and sentence pronounced against him, he should attach to his petition for writ of habeas corpus a certified copy of the informa[576]*576tion, and a certified copy of the judgment and sentence.”

In habeas corpus proceeding, burden is upon petitioner to prove the grounds upon which he relies for his release and unsupported statements do not meet requirements of proof. Lavender v. McLeod, Okl.Cr., 325 P.2d 1080.

This Court will liberally construe petitions filed by inmates of the penitentiary, however, there are certain procedures which have been ruled on again and again by this Court, and we are bound by those decisions.

The application for Writ of Habeas Corpus is accordingly Denied.

BUSSEY, P. J., and BRETT, J., concur.

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