Walker v. State

• Decision Date: 30 October 1963
• Docket Number: No. A-13440,A-13440
• Citation: 386 P.2d 642
• Parties: Hugh WALKER, Petitioner, v. The STATE of Oklahoma, and Ray H. Page, Warden of the Oklahoma State Penitentiary, Respondents.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 642

386 P.2d 642

Hugh WALKER, Petitioner, v. The STATE of Oklahoma, and Ray H. Page, Warden of the

Oklahoma State Penitentiary, Respondents.

No. A-13440.

Court of Criminal Appeals of Oklahoma.

Oct. 30, 1963.

Syllabus by the Court

1. The scope of review on habeas corpus is limited to examination of jurisdiction of court whose judgment of conviction is challenged.

2. In habeas corpus proceeding to obtain release from custody under sentence for crime, inquiry is limited to questions of whether court in which petitioner was convicted had jurisdiction of his person, the subject matter, and jurisdiction to render the particular judgment.

3. Statute in force on date of the rendition of the judgment and sentence requiring defendant, convicted of a felony, to perfect his appeal within six months from date of entry of judgment was mandatory. 22 O.S.1961 § 1054.

Original proceeding, in which Hugh Walker, No. 65959 seeks by writ of habeas corpus his release from imprisonment in the State Penitentiary. Writ denied.

Hugh Walker, pro se.

Charles Nesbitt, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for respondents.

JOHNSON, Judge.

Hugh Walker, #65959, has filed his petition for writ of habeas corpus, seeking his release from custody of Ray H. Page, Warden of the Oklahoma State Penitentiary.

Petitioner alleges the cause of his restraint is a judgment and sentence of the district court of Tulsa County, wherein he was prosecuted for the crime of robbery with firearms, after former conviction of a felony, found guilty by a jury, and sentenced to serve fifteen years in the penitentiary.

The Attorney General has filed a response to the petition, calling attention to the fact that this petitioner attempted to appeal the conviction rendered against him, and the attempted appeal was dismissed on January 30, 1963. Walker v. State, Okl.Cr., 378 P.2d 783.

It has repeatedly been held by this Court that jurisdiction of the Court of Criminal Appeals in a proceeding in habeas corpus is limited to the question of whether the Court in which the accused was convicted had jurisdiction of the subject matter, jurisdiction of the accused, and of the crime charged, and authority under the law to pronounce the judgment and sentence. Ex parte Noble, 89 Okl.Cr. 231, 206 P.2d 226; Ex parte Frazier, 78 Okl.Cr. 230, 146 P.2d 849; Ex parte O'Hara, 89 Okl.Cr. 250, 206 P.2d 592. There is nothing before us to indicate that the trial court did not have jurisdiction in this matter.

The petition herein, and the casemade in Walker v. State, supra, referred to by the petitioner, show that the judgment and sentence was rendered in the district court of Tulsa County on October 12, 1961. The casemade contains a minute of the court on October 12, 1961 showing the defendant and his...