In re Hall
| Citation | 143 P.2d 833,78 Okla.Crim. 83 |
| Decision Date | 08 December 1943 |
| Docket Number | A-10468. |
| Parties | In re HALL. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
1. When execution of a sentence is suspended, the judgment itself is not impaired or limited. The time for its execution is merely deferred, as a matter of grace, subject to being withdrawn by the court for a violation of some of the conditions named in statute.
2. The revocation of a suspended sentence is a matter addressed to the sound judicial discretion of trial judge, and the hearing in connection therewith may be of a summary character.
3. Where accused, at liberty under suspended sentence, violates terms of suspended sentence while in another state, trial court may enter an order revoking suspended sentence without the accused being personally present at the time the order is made.
Original proceeding in habeas corpus by Charles Henry Hall to secure his release from the State Penitentiary at McAlester.
Writ denied.
Charles Henry Hall, in pro. per.
Randell S. Cobb, Atty. Gen., for respondent.
This is an original proceeding in habeas corpus in which the petitioner, Charles Henry Hall, seeks to secure his release from confinement in the State Penitentiary. A demurrer to the verified petition has been filed by the Attorney General.
The petition recites that the petitioner plead guilty to a crime in Blaine County on July 15, 1940, and was sentenced to serve ten years in the State Penitentiary, but the execution of said sentence was suspended under the terms and conditions of the suspended sentence statute. 22 O.S.1941 § 991 et seq. That on March 17, 1942, the petitioner was arrested in Wichita, Kansas, brought back to the State of Oklahoma, and was committed to the State Penitentiary to serve the ten year sentence theretofore assessed against him.
The petitioner does not allege the nature of the crime which he committed and for which he was sentenced, nor does he state whether he had violated the conditions of his suspended sentence.
This court held in Ex parte Boyd, 73 Okl.Cr. 441, 122 P.2d 162 163, as follows:
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Winbush v. State
...CR 38, ¶ 7, 351 P.2d 1018, 1020 ; Allen v. Burford , 1950 OK CR 7, 214 P.2d 455, 457, 90 Okl. Cr. 302, 305 ; In re Hall , 1943 OK CR 128, 143 P.2d 833, 833-84, 78 Okl.Cr. 83, 84. Before a defendant is given probation, he or she acknowledges the terms and conditions of probation and agrees t......
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Giboney v. Johnson
...There was no absolute requirement that the defendant be personally present in court at the time of revocation. See In re Hall, 78 Okl.Cr. 83, 143 P.2d 833 (1943), Adams v. State, Okl.Cr., 389 P.2d 927 This does not mean that some probation revocations had before the enactment of § 991b may ......