Matthews v. Raines

POWELL, Presiding Judge.

Dero Matthews seeks release from the State Penitentiary at McAlester by way of writ of habeas corpus. Prisoner is confined by reason of a judgment and sentence of the district court of Tulsa County, case No. 13,249, dated October 5, 1948, based on the verdict of a jury wherein petitioner was found guilty of the crime of attempted first degree rape, second offense, and punishment fixed at a term of 60 years in the State Penitentiary.

Petitioner says that he is entitled to release in that the trial court imposed an excessive sentence, that is, a sentence beyond that…