Weeden v. Raines

Court of Criminal Appeals of Oklahoma

Weeden v. Raines

1961 OK CR 104, 365 P.2d 751, 1961 Okla. Crim. App. LEXIS 199

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 18, 1961

DocketNo. A-13098

StatusPublished

This text of 1961 OK CR 104 (Weeden v. Raines) 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

Weeden v. Raines, 1961 OK CR 104, 365 P.2d 751, 1961 Okla. Crim. App. LEXIS 199 (Okla. Ct. App. 1961).

Pincite

Opinion

BUSSEY, Judge.

Petitioner, Mathew Weeden, has filed herein an application for a writ of habeas corpus for the purpose of securing his release from confinement in the State Penitentiary.

The petitioner, Inmate No. 40797, was received at said penitentiary on January 11, 1940, and is now being imprisoned in said institution for and on account of a judgment and sentence entered on January 6, 1940, in the District Court of Wagoner County, Oklahoma, Case No. 2009, wherein he was tried and convicted by a jury for the crime of rape in the first degree, for which he received a .sentence of 99 years.

Petitioner’s sole complaint is that the judgment and sentence was excessive under the facts. This court has repeatedly held that the question of whether punishment assessed by the trial court was excessive is a matter to be considered only on appeal from a final judgment and cannot be inquired into on habeas corpus. Perry v. Waters, 97 Okl.Cr. 17, 256 P.2d 1119.

The petition is denied.

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

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