Legal Opinion

Bennett v. State

Court of Criminal Appeals of Oklahoma

Decided July 22, 1964No. A-13537Published

1Opinion of the Court

NIX, Judge.

This is an original proceeding in which the petitioner, Lenruth Bennett, seeks his release from the State Penitentiary at Mc-Alester, Oklahoma, by Writ of Habeas Corpus.

His petition contends that he was convicted of perjured testimony, which he attempts to supplant with his own affidavit. This is not sufficient to bring the matter before the Court, and would have no part in habeas corpus proceeding if it were.

This Court is bound, and has repeatedly held, as in the case of Ex parte Lister, 285 P.2d 1046:

In habeas corpus proceeding, Court of Criminal Appeals will not review the -…

2Cases cited1 opinion

  1. Application of ListerCourt of Criminal Appeals of Oklahoma · 1955

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