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In re Watson's Petition

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eBook details

  • Title: In re Watson's Petition
  • Author : Court of Criminal Appeals of Oklahoma
  • Release Date : January 16, 1956
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

1 This is an original petition for habeas corpus by Richard B. Watson, wherein he alleges he is being unlawfully
restrained of his liberty by H.C. McLeod, warden of the Oklahoma State Penitentiary. He complains that he was convicted in
the District Court of Creek County, Oklahoma, of the crime of second degree burglary on or about September 20, 1954, on a
plea of guilty and was sentenced to five years in the penitentiary; that upon imposition of sentence, the same was suspended.
Shortly thereafter, the petitioner was re-arrested and claims the sentence was revoked and he was summarily committed upon
said judgment. 2 No copy of the judgment and sentence herein complained of, is attached to the petition. It has been repeatedly
held by this court that where there is no certified copy of the judgment and sentence of the lower court attached to the petition,
the petition is insufficient to question the validity of the commitment by which the person is incarcerated in the penitentiary.
In re Richardson, Okl.Cr., 283 P.2d 855.


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