Ex Parte Howard
Court of Criminal Appeals of Oklahoma
Application of Earl Howard for a writ of hateas corpus. This is a petition, for writ of habeas corpus, presented to this court on behalf of Earl Howard, who alleges that he is unlawfully imprisoned and restrained of his liberty, at Chickasha, by M. B. Louthan, sheriff of Grady count}', Olda., by virtue of a certain pretended commitment issued by Hon. N. M. Williams, county judge of G-rady county, which commitment is based upon a pretended judgment against petitioner, and…
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Application of Earl Howard for a writ of hateas corpus. This is a petition, for writ of habeas corpus, presented to this court on behalf of Earl Howard, who alleges that he is unlawfully imprisoned and restrained of his liberty, at Chickasha, by M. B. Louthan, sheriff of Grady count}', Olda., by virtue of a certain pretended commitment issued by Hon. N. M. Williams, county judge of G-rady county, which commitment is based upon a pretended judgment against petitioner, and that said pretended judgment is -null and void and is of no force and effect, and by reason thereof petitioner is…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). The petitioner complains that he is restrained of his liberty “without due process of law,” because the record fails to show a sufficient judgment and sentence. On the face of the petition the writ should be denied, as it appears ’that all the substantial requirements of the statute were complied with, and, while the judgment is not recorded with as much precision and formality as it might have been, .it nevertheless is sufficiently certain and does not appear as a recital of the clerk, but as the act and consideration of the court by which it…
2Cited by15 opinions
- Neill v. StateCourt of Criminal Appeals of Oklahoma · 1994
- Wilkins v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Dunn v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Ex Parte StraderCourt of Criminal Appeals of Oklahoma · 1927
- In Re Pate's PetitionCourt of Criminal Appeals of Oklahoma · 1962
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