Ex parte Sherman

Ex parte Sherman
1945 OK CR 62
159 P.2d 755
81 Okl.Cr. 41
Decided: 06/13/1945
Oklahoma Court of Criminal Appeals

(Syllabus.)

This proceeding in habeas corpus presents the identical issues of law involved in the case of Ex parte, Snyder, 81 Okla. Cr. 34, 159 P.2d 762, this day decided. The various syllabi in the Snyder case are fully applicable to the facts in the instant case and those syllabi are adopted as the syllabi setting forth the law in this case.

1. Pardon-Power of Governor to Annex Conditions to Pardon or Parole. The Governor of the state has the power to annex to a pardon or parole any condition precedent or subsequent, provided it be not illegal, immoral, or impossible to be performed.

2. Same-Validity of Condition to Parole That Convict Should Leave State for 20 Years. The condition inserted in a parole that petitioner shall, immediately upon his release, leave the State of Oklahoma, and remain out of the state for a period of 20 years is not illegal, immoral, or impossible to be performed.

3. Same--Constitutional Provision Prohibiting Transportation out of State for Offense Committed Within State Held not Applicable. The provision of section 29, art. 2, Oklahoma Constitution, that "no person shall be transported out of the state for any offense committed within the state," applies to the involuntary transportation of a person out of the state as punishment for crime and does not apply to the voluntary act of a person leaving the state under the terms of a parole which he had the option to accept or reject.

4. Same--Parole Must Be Accepted by Convict Before, It Becomes Effective. A parole must be accepted by the convict before it becomes effective to secure to him his liberty, that is, it is for him to elect whether he will accept the parole with its conditions or reject it and remain in prison.

5. Same-Power of Governor to Revoke Parole and Remand Convict Without Notice or Hearing. Where convict was granted and accepted a parole expressly providing that Governor might revoke same and remand party to prison for violation of conditions or for any other reason by him deemed sufficient, the Governor could order convict remanded without notice to him and without opportunity to be heard.

Original proceeding in habeas corpus by Jake Sherman to secure his release from confinement in the State Penitentiary. Writ denied.

Page 42

Robert H. Sherman, of Oklahoma City, for petitioner.

Randell S. Cobb, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for respondent.

JONES, J. This proceeding in habeas corpus raises the same issues of law reviewed and discussed in the case of Ex parte Snyder, 81 Okla. Cr. 34, 159 P.2d 752, this day decided.

The petitioner, Jake Sherman, was given a parole in November, 1934, wherein it was provided, among other conditions, that the prisoner should immediately upon his release leave the State of Oklahoma and remain out of the state forever.

The petition further alleged that the prisoner, in accordance with the terms of the parole, went to the State of Indiana, where he committed a crime, was convicted, and served his sentence. That while there, his parole was revoked by Governor E. W. Marland, and, at the expiration of his sentence, he fought extradition, but was returned to the State of Oklahoma where he has since been confined in the State Penitentiary.