Turner v. State

Court of Criminal Appeals of Oklahoma

Turner v. State

1965 OK CR 86, 403 P.2d 909, 1965 Okla. Crim. App. LEXIS 291

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 7, 1965

DocketNo. A-13701

StatusPublished

This text of 1965 OK CR 86 (Turner 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

Turner v. State, 1965 OK CR 86, 403 P.2d 909, 1965 Okla. Crim. App. LEXIS 291 (Okla. Ct. App. 1965).

Pincite

Opinion

NIX, Judge.

This is an original proceedings in which the petitioner, Willie L. Turner, seeks his release from confinement in the penitentiary where he is presently confined by virtue of a judgment and sentence rendered against him in the District Court of Washita County, Case No. 1240.

Petitioner’s only allegation is that he was denied effective counsel and thereby his Constitutional rights were violated.

The State has filed a demurrer for the reason that the same fails to state a cause of action, more specifically, the petition does not allege or state that petitioner filed a motion for new trial, gave notice of intent to appeal, or otherwise complied with the jurisdictional requirements for an appeal; although he now grounds his application for habeas corpus on his lack of an appeal.

It appearing that the pleadings support the position of respondent, we are of the opinion that the Demurrer should be sustained, and the relief prayed for denied.

Demurrer sustained, writ denied.

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

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