Myers v. State ex rel. Sater

Court of Criminal Appeals of Oklahoma

Myers v. State ex rel. Sater

1962 OK CR 107, 374 P.2d 928, 1962 Okla. Crim. App. LEXIS 271

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 12, 1962

DocketNo. A-13211

StatusPublished

Cited by1 cases

This text of 1962 OK CR 107 (Myers v. State ex rel. Sater) 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.

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Myers v. State ex rel. Sater, 1962 OK CR 107, 374 P.2d 928, 1962 Okla. Crim. App. LEXIS 271 (Okla. Ct. App. 1962).

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Opinion

NIX, Presiding Judge.

This is an original application by Roger ■C. Myers for a Writ of Mandamus against Ollie Fite, Court Clerk, Comanche County Superior Court, Comanche County, Oklahoma, ordering a case-made in Case #C-1189 in said court, wherein this petitioner was convicted of the crime of Second Degree Burglary, a Second and Subsequent Offense, and on October 25, 1962, was sentenced to 10 years in Oklahoma State Penitentiary at McAlester, Oklahoma.

The petitioner seeks said case-made for the alleged sole and only purpose of filing a petition for Writ of Habeas Corpus in this Court.

Since Habeas Corpus goes only on the matter of jurisdiction, a case-made is not necessary. A certified or photostatic copy of the information, and the judgment and sentence is all that is necessary in order to file a petition for Writ of Habeas Corpus, since inquiry by the Court of Criminal Appeals in Habeas Corpus is limited to the questions of whether the Court in which the prisoner was convicted had jurisdiction of the person of the defendant, and of the crime charged, and whether the court had jurisdiction to render the particular judgment. See Goforth v. Raines, Okl.Cr., 361 P.2d 304; Jackson v. Raines, 355 P.2d 1013.

The Petition herein fails to state facts warranting this Court to grant the relief prayed for. The Application for Writ of Mandamus is hereby denied.

BRETT and BUSSEY, JJ., concur.

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NIX, Presiding Judge.

This is an original application by Roger ■C. Myers for a Writ of Mandamus against Ollie Fite, Court Clerk, Comanche County Superior Court, Comanche County, Oklahoma, ordering a case-made in Case #C-1189 in said court, wherein this petitioner was convicted of the crime of Second Degree Burglary, a Second and Subsequent Offense, and on October 25, 1962, was sentenced to 10 years in Oklahoma State Penitentiary at McAlester, Oklahoma.

The petitioner seeks said case-made for the alleged sole and only purpose of filing a petition for Writ of Habeas Corpus in this Court.

Since Habeas Corpus goes only on the matter of jurisdiction, a case-made is not necessary. A certified or photostatic copy of the information, and the judgment and sentence is all that is necessary in order to file a petition for Writ of Habeas Corpus, since inquiry by the Court of Criminal Appeals in Habeas Corpus is limited to the questions of whether the Court in which the prisoner was convicted had jurisdiction of the person of the defendant, and of the crime charged, and whether the court had jurisdiction to render the particular judgment. See Goforth v. Raines, Okl.Cr., 361 P.2d 304; Jackson v. Raines, 355 P.2d 1013.

The Petition herein fails to state facts warranting this Court to grant the relief prayed for. The Application for Writ of Mandamus is hereby denied.

BRETT and BUSSEY, JJ., concur.

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Bluebook (online)

1962 OK CR 107, 374 P.2d 928, 1962 Okla. Crim. App. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-state-ex-rel-sater-oklacrimapp-1962.

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