ARLES v. BURFORD

ARLES v. BURFORD
1951 OK CR 168
239 P.2d 526
95 Okl.Cr. 51
Case Number: A-11578
Decided: 12/26/1951
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Habeas Corpus Writ Not Based Upon Unverified Petition. Writ of habeas corpus will not be issued based upon an unverified petition.

2. Same Duly Certified Copy of Information Should Be Attached to Petition. Where petition for writ of habeas corpus alleges that information upon which conviction was sustained was void, a duly certified copy of the information should be attached to the petition.

3. Same Only Questions Considered Which Affect Jurisdiction of Trial Court. In habeas corpus only those questions may be considered which affect the jurisdiction of the trial court to pronounce the particular judgment and sentence which is attacked.

4. Same Writ Not Substituted for Appeal. Habeas corpus may not be substituted for an appeal.

Original action in habeas corpus by R.L. Arles to secure his release from the penitentiary. Writ denied.

R.L. Arles, pro se.

Mac Q. Williamson, Atty. Gen., for respondent.

JONES, J.

This is an original action in habeas corpus by the petitioner, R.L. Arles, who seeks to secure his release from confinement in the penitentiary.

The writ of habeas corpus is denied for these reasons:

First. The petition is unverified.

Second. The sufficiency of the information is challenged and a certified copy of the information is not attached to petition so that the court may determine its sufficiency.

Third. Habeas corpus may not be substituted for appeal.

BRETT, P.J., concurs.

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