Horton v. Waters

This is an original action in habeas corpus instituted by the petitioner, Jack Horton, for the purpose of securing his release from imprisonment in the state penitentiary. The case is presented upon a demurrer to the petition filed by the Attorney General on behalf of the warden.

The demurrer is sustained for these reasons: First, the petition is unverified. Arles v. Burford, 95 Okla. Cr. 51, 239 P. 2d 526, handed down by Oklahoma Criminal Court of Appeals December 26, 1951. Second, the petition alleges that petitioner was arrested on May 22, 1950, on a charge of forgery, allegedly committed…