In re the writ of habeas corpus brought by Chambers

Court of Criminal Appeals of Oklahoma

In re the writ of habeas corpus brought by Chambers

1956 OK CR 95, 302 P.2d 169, 1956 Okla. Crim. App. LEXIS 231

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 19, 1956

DocketNo. A-12300

StatusPublished

This text of 1956 OK CR 95 (In re the writ of habeas corpus brought by Chambers) 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

In re the writ of habeas corpus brought by Chambers, 1956 OK CR 95, 302 P.2d 169, 1956 Okla. Crim. App. LEXIS 231 (Okla. Ct. App. 1956).

Pincite

Opinion

BRETT, Judge.

This is an original proceeding in habeas corpus whereby petitioner, Kenneth Lee Chambers, seeks his release from imprisonment in the Oklahoma State Penitentiary, McAlester, Oklahoma. The petitioner alleges that he is being unlawfully restrained of his liberty by Hon. H. C. McLeod, Warden of the State Penitentiary, and further alleges that the cause of said unlawful restraint is by virtue of a judgment and sentence made and entered in the District Court of Oklahoma County on or about the 8th day of June, 1954, wherein he was sentenced to serve five years in the State Penitentiary. Petitioner also alleges that he was unlawfully held in the county jail of Oklahoma County for a period of four months subsequent to being sentenced before being transferred to the penitentiary causing the sentence to be four months in excess of the judgment.

It has been repeatedly held that where an inmate of- the penitentiary wishes to challenge the judgment and sentence pronounced against him, he should attach to his petition a certified copy of the information, and a certified copy of the judgment and sentence pronounced against him. Forbes v. Burford, 92 Okl.Cr. 440, 224 P. 2d 269; Ex parte Jones, 92 Okl.Cr. 443, 224 P.2d 280. Ex parte Gower, 92 Okl. Cr. 315, 223 P.2d 154, 155 holds:

“We are of the opinion that an unverified petition for habeas corpus with allegations such as are herein set forth, there being no certified copy of the information or judgment and sentence of the lower court attached to the petition, is insufficient to question the validity of the commitment by which the person is incarcerated in the penitentiary.”

Ex parte Arnett, 76 Okl.Cr. 209, 135 P.2d 507; Ex parte Conway, 97 Okl.Cr. 1, 256 P.2d 189, certiorari denied Conway v. Waters, 345 U.S. 967, 73 S.Ct. 955, 97 L. Ed. 1385.

Writ denied.

JONES, P. J., and POWELL, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BRETT, Judge.

This is an original proceeding in habeas corpus whereby petitioner, Kenneth Lee Chambers, seeks his release from imprisonment in the Oklahoma State Penitentiary, McAlester, Oklahoma. The petitioner alleges that he is being unlawfully restrained of his liberty by Hon. H. C. McLeod, Warden of the State Penitentiary, and further alleges that the cause of said unlawful restraint is by virtue of a judgment and sentence made and entered in the District Court of Oklahoma County on or about the 8th day of June, 1954, wherein he was sentenced to serve five years in the State Penitentiary. Petitioner also alleges that he was unlawfully held in the county jail of Oklahoma County for a period of four months subsequent to being sentenced before being transferred to the penitentiary causing the sentence to be four months in excess of the judgment.

It has been repeatedly held that where an inmate of- the penitentiary wishes to challenge the judgment and sentence pronounced against him, he should attach to his petition a certified copy of the information, and a certified copy of the judgment and sentence pronounced against him. Forbes v. Burford, 92 Okl.Cr. 440, 224 P. 2d 269; Ex parte Jones, 92 Okl.Cr. 443, 224 P.2d 280. Ex parte Gower, 92 Okl. Cr. 315, 223 P.2d 154, 155 holds:

“We are of the opinion that an unverified petition for habeas corpus with allegations such as are herein set forth, there being no certified copy of the information or judgment and sentence of the lower court attached to the petition, is insufficient to question the validity of the commitment by which the person is incarcerated in the penitentiary.”

Ex parte Arnett, 76 Okl.Cr. 209, 135 P.2d 507; Ex parte Conway, 97 Okl.Cr. 1, 256 P.2d 189, certiorari denied Conway v. Waters, 345 U.S. 967, 73 S.Ct. 955, 97 L. Ed. 1385.

Writ denied.

JONES, P. J., and POWELL, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1956 OK CR 95, 302 P.2d 169, 1956 Okla. Crim. App. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-writ-of-habeas-corpus-brought-by-chambers-oklacrimapp-1956.

Opinion

Related

Cite This Page — Counsel Stack