Hobbs v. State

• Decision Date: 31 August 1966
• Docket Number: No. A--14049,A--14049
• Citation: 417 P.2d 934
• Parties: 1966 OK CR 112 Howard Eugene HOBBS, Petitioner, v. The STATE of Oklahoma, Respondent.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 934

417 P.2d 934

1966 OK CR 112

Howard Eugene HOBBS, Petitioner, v. The STATE of Oklahoma, Respondent.

No. A--14049.

Court of Criminal Appeals of Oklahoma.

Aug. 31, 1966.

Syllabus by the Court

1. Where an accused is incarcerated in a Federal Penitentiary, such incarceration is good cause for delay in bringing him to trial, even where the state authorities fail to request his delivery to the state court for trial.

2. The state is not required to assume the burden of cost, incident to affording a speedy trial in returning an accused to the state, who, on his own volition, placed himself beyond the jurisdiction of the state and in the custody of the Federal Government.

3. Since prisoner is incarcerated in a penal institution outside the jurisdiction of the Court of Criminal Appeals, he is not entitled to relief by Writ of Mandamus.

Original proceedings in which the petitioner seeks a writ of mandamus from this Court directed to the District Court of Comanche County, to grant him a speedy trial, or dismiss the charges pending there against him. Writ denied.

Howard Eugene Hobbs, petitioner, pro se.

Charles Nesbitt, Atty. Gen., for respondent.

NIX, Judge:

This is an original proceedings filed by the petitioner, Howard Eugene Hobbs, seeking a Writ of Mandamus from this Court directing the District Court of Comanche County to grant him a speedy trial or dismiss the charges pending there against him. Petitioner is presently confined in the United States Penitentiary at Terre Haute, Indiana, pursuant to a violation of the United States Code, and sentenced at Joplin, Mo. on March 29, 1966 to a term of Two Years.

The principle of law involved in this case has received the consideration of this Court a number of times.

See Hurst v. Pitman, 90 Okl.Cr. 329, 213 P.2d 877; Bonsor v. District Court of Cimarron County, Okl.Cr., 303 P.2d 471; White v. Brown, Okl.Cr., 349 P.2d 509; Auten v. State, Okl.Cr., 377 P.2d 61, and Dreadfulwater v. State, Okl.Cr., 415 P.2d 493, and was clearly set forth in the case of Application of Melton, Okl.Cr., 342 P.2d 571, as follows:

'Where an accused is incarcerated in a Federal Penitentiary, such incarceration is good cause for delay in bringing him to trial, even where the state authorities fail to request his delivery to the state court for trial.'

And, further:

'The state is not required to assume the burden of cost, incident to affording a speedy trial, i.e., in returning an accused to the state, who, on his own...