Jones v. State

Court of Criminal Appeals of Oklahoma

Jones v. State

1968 OK CR 65, 440 P.2d 207, 1968 Okla. Crim. App. LEXIS 309

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 17, 1968

DocketNo. A-14531

StatusPublished

This text of 1968 OK CR 65 (Jones 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

Jones v. State, 1968 OK CR 65, 440 P.2d 207, 1968 Okla. Crim. App. LEXIS 309 (Okla. Ct. App. 1968).

Pincite

Opinion

MEMORANDUM OPINION

BUSSEY, Judge.

This is an original proceeding in which the petitioner seeks his release from confinement in the State Penitentiary at Mc-Alester, Oklahoma, where, according to his application for habeas corpus, he is currently incarcerated by virtue of a judgment and sentence rendered against him in the District Court of Oklahoma County. As grounds for his release, petitioner alleges that he is not guilty of the crime for which he has been convicted, and further that he was not advised of his constitutional rights and fundamental and prejudicial errors were committed by the prosecution during his trial. Petitioner did not give notice of intention to appeal, nor request a casemade at public expense, nor the appointment of counsel, and has not specifically set forth any grounds entitling him to the relief prayed for.

It appears that the trial court had jurisdiction of the person, subject matter, and authority under law to pronounce the [208]*208judgment and sentence imposed. By reason of the defendant’s failure to specifically set forth grounds entitling him to habeas corpus, the writ prayed for is accordingly denied without prejudice to a subsequent filing of an application for post conviction appeal, setting forth sufficient, verified allegations to invoke the jurisdiction of this Court. Writ denied.

NIX, P. J., and BRETT, J., concur.

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

MEMORANDUM OPINION

BUSSEY, Judge.

This is an original proceeding in which the petitioner seeks his release from confinement in the State Penitentiary at Mc-Alester, Oklahoma, where, according to his application for habeas corpus, he is currently incarcerated by virtue of a judgment and sentence rendered against him in the District Court of Oklahoma County. As grounds for his release, petitioner alleges that he is not guilty of the crime for which he has been convicted, and further that he was not advised of his constitutional rights and fundamental and prejudicial errors were committed by the prosecution during his trial. Petitioner did not give notice of intention to appeal, nor request a casemade at public expense, nor the appointment of counsel, and has not specifically set forth any grounds entitling him to the relief prayed for.

It appears that the trial court had jurisdiction of the person, subject matter, and authority under law to pronounce the [208]*208judgment and sentence imposed. By reason of the defendant’s failure to specifically set forth grounds entitling him to habeas corpus, the writ prayed for is accordingly denied without prejudice to a subsequent filing of an application for post conviction appeal, setting forth sufficient, verified allegations to invoke the jurisdiction of this Court. Writ denied.

NIX, P. J., and BRETT, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1968 OK CR 65, 440 P.2d 207, 1968 Okla. Crim. App. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-oklacrimapp-1968.