Ex parte Boots

Ex parte Boots
1945 OK CR 125
163 P.2d 856
81 Okl.Cr. 293
Decided: 11/21/1945
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Habeas Corpus--Criminal Court of Appeals May not Modify Sentence in Original Habeas Corpus Proceeding. The power of the Criminal Court of Appeals to modify a sentence is limited to appeal cases and cannot be exercised in an original proceeding in habeas corpus.

2. Pardon and Parole Governor Vested With Sole Power to Issue Commutation After Conviction. The Governor is vested with sole power to issue commutation after conviction.

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

Page 294

Edward Boots, per se.

Randell S. Cobb, Atty. Gen., and E. J. Broaddus, Asst. Atty. Gen., for respondent.

JONES, J. This is an original action in habeas corpus instituted by the petitioner, Edward Boots, to secure his release from confinement in the State Penitentiary.

The petition is lengthy and we have given it careful consideration. The petitioner is 68 years of age and has been confined in the State Penitentiary since February 8, 1923, for the crime of murder. The petition is in the nature of an appeal for clemency. There are no facts alleged which show that the judgment and sentence of life imprisonment which the petitioner is serving is void. In substance, the petition alleges that counsel for petitioner, at his trial, did not allow the petitioner to introduce evidence which would have cleared him, and that, under any view of the case, he should not have been given punishment for more than manslaughter.