Ex parte Baker
| Decision Date | 05 May 1943 |
| Docket Number | A--10350. |
| Parties | Ex parte BAKER. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
1. The Criminal Court of Appeals will not issue writ of habeas corpus where accused has appealed his judgment of conviction the judgment is affirmed and questions raised in habeas corpus proceedings were in existence and known to petitioner at time of appeal and were matters which properly should have been presented by appeal.
2. Criminal Court of Appeals will not permit an accused to appeal his judgment of conviction and speculate upon his chances of securing a reversal and then, after the judgment of conviction is affirmed, come into court in a habeas corpus proceeding and raise the same or other grounds which might entitle the petitioner to a new trial or his release from custody, unless the question raised is such as to show that the judgment is wholly void.
Original habeas corpus proceeding by Don Baker to secure his release from imprisonment in the State Penitentiary.
Writ of habeas corpus denied.
Mathers & Mathers, of Oklahoma City, and William M. Stringer, of Moberly, Mo., for petitioner.
Mac Q Williamson, Atty. Gen. and Sam H. Lattimore, Asst. Atty Gen., for respondent.
This is an original proceeding in habeas corpus filed by Don Baker to secure his release from confinement in the State Penitentiary.
The sole contention of petitioner is that he was tried for the murder of one Lawrence Rich and was convicted by a jury and sentenced by the court to serve 45 years in the State Penitentiary for the crime of manslaughter in the first degree. That under the facts said killing was the result of injuries received by the deceased during an armed robbery and that under the statute, since the killing occurred allegedly while the petitioner was committing a felony, to-wit robbery, the crime would be murder or nothing, and that since the court erroneously submitted the issue of manslaughter in the first degree, that the court was without jurisdiction to accept and receive said verdict.
A rule to show cause was issued and at the hearing before this court a certified copy of the information filed against defendant was introduced in evidence. Said information alleges the murder to have been committed on the 29th day of September 1936, by making an assault upon one Lawrence Rich with a certain blunt and dangerous weapon, identity...
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Simpson, Application of
...is appealed to this Court, and the judgment of conviction affirmed, petition for writ of habeas corpus will be denied. Ex parte Baker, 76 Okl.Cr. 396, 137 P.2d 242; In re Solomon, 82 Okl.Cr. 46, 165 P.2d 843; Peoples v. McLeod, Okl.Cr., 306 P.2d The general rule of this Court, as often anno......
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Ex parte Collins
...any other grounds which should have been called to our attention by the appeal. In re Booth, 74 Okl.Cr. 406, 126 P.2d 751; Ex parte Baker, 76 Okl.Cr. 396, 137 P.2d 242. demurrer of the attorney general is sustained, and the writ of habeas corpus is denied. BAREFOOT, P.J., and BRETT, J., con......
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Barrett v. Raines
...or his release from custody, unless the question raised is such as to show that the judgment is wholly void.' And see also Ex parte Baker, 76 Okl.Cr. 396, 137 P.2d 242; Ex parte Collins, 83 Okl.Cr. 296, 176 P.2d 507; Ward v. Raines, Warden, Okl.Cr., 360 P.2d 953, and cases The writ of habea......
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Johnson v. State
...of the court by the appeal. Hovis v. State, 83 Okl.Cr. 299, 173 P.2d 833; In re Booth, 74 Okl.Cr. 406, 126 P.2d 751; Ex parte Baker, 76 Okl.Cr. 396, 137 P.2d 242. The writ of habeas corpus does not deal with errors or irregularities which render proceedings voidable merely, but such only as......