Ex Parte Hawkins
Court of Criminal Appeals of Oklahoma
Petition for habeas corpus by Nelson Hawkins. On the 21st day of June, 1909, petitioner was convicted of manslaughter in the first degree in the district court of Pontotoc county, and his punishment was assessed at confinement in the penitentiary for the period of 40 years. An appeal was taken to this court, and the judgment of the lower court was affirmed. See Hawkins v. State, 5 Okla.
Read the full summary
Petition for habeas corpus by Nelson Hawkins. On the 21st day of June, 1909, petitioner was convicted of manslaughter in the first degree in the district court of Pontotoc county, and his punishment was assessed at confinement in the penitentiary for the period of 40 years. An appeal was taken to this court, and the judgment of the lower court was affirmed. See Hawkins v. State, 5 Okla. Cr. 276, 114 Pac. 356. During the month of September, 1911, Hon. Lee Cruce, Governor of the state of Oklahoma, absented himself from the state for a number of days; and during his absence, Hon. J. J.…
1Opinion of the CourtFurman, J.
(after stating the facts as above). First. The Constitution of the state grants certain clearly defined powers to the Governor, or the acting Governor, and vests him with a wide discretion in the discharge of many of his duties. Courts have no right to substitute their discretion for the discretion of the Governor, or the acting Governor, or to nullify any of his official acts; unless it clearly appears that the Governor, or acting Governor, has usurped powers not granted him, or has used his discretion in such a manner as to violate the law. It is the duty of the courts to indulge every…
2Cases cited3 opinions
- Ex Parte RidleyCourt of Criminal Appeals of Oklahoma · 1910
- Henry v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Rosson v. StateCourt of Appeals of Texas · 1887
3Cited by11 opinions
- In Re PetersonCalifornia Supreme Court · 1939
- Jamison v. FlannerSupreme Court of Kansas · 1924
- Ex Parte CollinsCourt of Criminal Appeals of Oklahoma · 1925
- Wainwright v. StateCourt of Criminal Appeals of Oklahoma · 1915
- Ex Parte CraneCourt of Criminal Appeals of Texas · 1930
6 more not listed; retrieve them via the Exa API.