Ex parte Phares

Ex parte Phares
1945 OK CR 99
162 P.2d 335
81 Okl.Cr. 202
Decided: 10/03/1945
Oklahoma Court of Criminal Appeals

(Syllabus.)

This being a companion case to Ex parts Mills, 81 Okla. Cr. 200, 162 P.2d 334, the Syllabus in Ex parts Mills, is adopted as the syllabus in this case.

1. Habeas Corpus-Convict not Released on Writ Unless Judgment and Sentence Void. One imprisoned in the State Penitentiary will not be released upon habeas corpus unless the judgment and sentence under which he is serving is void.

2. Same-Plea of Entrapment Foreclosed by Plea of Guilty. The issue as to whether the petitioner had committed crime by reason of entrapment by the officers of the county where the crime was committed will not be heard in habeas corpus proceeding, where record shows that petitioner entered plea of guilty to the crime charged against him in the information.

Page 203

Original action in habeas corpus by Leroy Phares to secure petitioner's release from confinement in the State Penitentiary. Writ denied.

Leroy Phares, per se.