Madewell v. Page

Court of Criminal Appeals of Oklahoma

Madewell v. Page

1966 OK CR 110, 417 P.2d 579, 1966 Okla. Crim. App. LEXIS 289

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 5, 1966

DocketNo. A-13918

StatusPublished

This text of 1966 OK CR 110 (Madewell v. Page) 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

Madewell v. Page, 1966 OK CR 110, 417 P.2d 579, 1966 Okla. Crim. App. LEXIS 289 (Okla. Ct. App. 1966).

Pincite

Opinion

NIX, Judge.

This is an original proceedings filed by the petitioner, Jackie E. Madewell, who seeks a writ of Habeas Corpus to dismiss another charge pending against him because of a void judgment.

Petitioner was charged with Escape from the State Reformatory at Granite, Oklahoma, in the District Court of Kiowa County, Case # 2436-C, and plead Guilty. He is presently incarcerated in the State Penitentiary at McAlester on a different charge.

This Court held in the case of Folsom v. Raines, Okl.Cr., 357 P.2d 235, that:

.“Where an inmate of the penitentiary is confined on a valid judgment and sentence from one county, and, while so incarcerated, a judgment and sentence from another county is delivered to the warden, he cannot test the validity of the latter judgment and sentence by Habeas Corpus until the expiration of the valid judgment and sentence.”

It is, therefore, the order of this Court that the Writ of Habeas Corpus be, and the same is, hereby denied.

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

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