OAKES v. STATE

OAKES v. STATE
1963 OK CR 63
383 P.2d 884
Case Number: A-13405
Decided: 07/17/1963
Oklahoma Court of Criminal Appeals

Original proceedings in which Donald R. Oakes, #68489, Petitioner seeks his release from the Oklahoma State Penitentiary. Writ denied.

Donald R. Oakes, pro se.

Charles Nesbitt, Atty. Gen., for respondents.

NIX, Judge.

¶1 This is an attempted application for Writ of Habeas Corpus in which Donald R. Oakes, without the assistance of counsel, files an unverified instrument in this Court, labeled, "Pauper's Writ of Haybies Corpus".

¶2 No proof is offered to establish the charges of the petition, not even the information, or a certified copy of the judgment and sentence.

¶3 This Court has repeatedly held, as in the case of Ex parte Richardson, Okl.Cr., 283 P.2d 855:

"Where, in habeas corpus proceeding by inmate of penitentiary to secure his release from imprisonment, on ground that he was unlawfully restrained of his liberty, there was no certified copy of information, or judgment and sentence of lower court attached to petition, petition was insufficient to question validity of inmate's commitment, and writ would be denied."

¶4 In view of the above ruling of this Court, the petition for Writ of Habeas Corpus is accordingly denied.

BUSSEY, P.J., and JOHNSON, J., concur.