In Re Wright

Court of Criminal Appeals of Oklahoma

In Re Wright

1942 OK CR 171, 132 P.2d 351, 75 Okla. Crim. 400, 1942 Okla. Crim. App. LEXIS 68

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 16, 1942

DocketNo. A-10355.

StatusPublished

Cited by5 cases

This text of 1942 OK CR 171 (In Re Wright) 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 Wright, 1942 OK CR 171, 132 P.2d 351, 75 Okla. Crim. 400, 1942 Okla. Crim. App. LEXIS 68 (Okla. Ct. App. 1942).

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Opinion

BAREFOOT, P. J.

Petitioner, Pat Wright, has filed in this court his petition for habeas corpus, alleging that he is unlawfully detained, confined, and restrained of his *401 liberty, by Fred Hunt, Warden of tbe State Penitentiary, at McAlester. Attached to bis petition are certain copies of letters, copy of tbe complaint, information, and judgment and sentence filed in tbe district court of Pottawatomie county. No evidence bas been offered in support of tbe allegations of tbe petition. A demurrer to tbe petition bas been filed by tbe Attorney General on bebalf of tbe warden of tbe penitentiary, and also a response.

It is unnecessary to give a detailed statement of tbe allegations set forth in tbe petition. They are only recitals with reference to tbe arrest, and plea of guilty entered by tbe defendant to a charge of second-degree burglary entered against petitioner in tbe district court of Pottawatomie county, and with reference to bis arrest in tbe State of Arkansas, and subsequent transfer to Oklahoma to answer tbe charges against him in this; state. There is nothing in the petition, or tbe exhibits attached thereto', which reveals that tbe court acted without jurisdiction, or that tbe judgment and sentence entered was void.

In tbe recent case of In re Story, 75 Okla. Cr. 367, 131 P. 2d 773, we said:

“This court on habeas corpus will not look beyond tbe judgment and sentence of any court of competent jurisdiction as to mere irregularities of procedure or errors in law on questions over which tbe court bad jurisdiction. Tbe writ of habeas corpus cannot be used to perform tbe office of a writ of error on appeal, and should be limited to', cases in which tbe judgment and sentence of tbe court attacked is clearly void”.

As we have so often announced, petitioner’s only opportunity for relief is from tbe Governor of tbe state, in whom tbe Constitution bas placed the power of pardon and parole.

*402 For the reasons above stated, the demurrer of the Attorney General, filed in behalf of the warden of the penitentiary, is sustained, and the petition for writ of habeas corpus, is denied.

JONES, J., concurs. DOYLE, J., absent.

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BAREFOOT, P. J.

Petitioner, Pat Wright, has filed in this court his petition for habeas corpus, alleging that he is unlawfully detained, confined, and restrained of his *401 liberty, by Fred Hunt, Warden of tbe State Penitentiary, at McAlester. Attached to bis petition are certain copies of letters, copy of tbe complaint, information, and judgment and sentence filed in tbe district court of Pottawatomie county. No evidence bas been offered in support of tbe allegations of tbe petition. A demurrer to tbe petition bas been filed by tbe Attorney General on bebalf of tbe warden of tbe penitentiary, and also a response.

It is unnecessary to give a detailed statement of tbe allegations set forth in tbe petition. They are only recitals with reference to tbe arrest, and plea of guilty entered by tbe defendant to a charge of second-degree burglary entered against petitioner in tbe district court of Pottawatomie county, and with reference to bis arrest in tbe State of Arkansas, and subsequent transfer to Oklahoma to answer tbe charges against him in this; state. There is nothing in the petition, or tbe exhibits attached thereto', which reveals that tbe court acted without jurisdiction, or that tbe judgment and sentence entered was void.

In tbe recent case of In re Story, 75 Okla. Cr. 367, 131 P. 2d 773, we said:

“This court on habeas corpus will not look beyond tbe judgment and sentence of any court of competent jurisdiction as to mere irregularities of procedure or errors in law on questions over which tbe court bad jurisdiction. Tbe writ of habeas corpus cannot be used to perform tbe office of a writ of error on appeal, and should be limited to', cases in which tbe judgment and sentence of tbe court attacked is clearly void”.

As we have so often announced, petitioner’s only opportunity for relief is from tbe Governor of tbe state, in whom tbe Constitution bas placed the power of pardon and parole.

*402 For the reasons above stated, the demurrer of the Attorney General, filed in behalf of the warden of the penitentiary, is sustained, and the petition for writ of habeas corpus, is denied.

JONES, J., concurs. DOYLE, J., absent.

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1942 OK CR 171, 132 P.2d 351, 75 Okla. Crim. 400, 1942 Okla. Crim. App. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wright-oklacrimapp-1942.

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