Smith v. State

BRETT, Judge.

This is a petition in habeas corpus brought by Tom Smith against the Warden of the Oklahoma State Penitentiary, Robert R. Raines.

Petitioner alleges that he is being unlawfully detained under and by virtue of a judgment and sentence rendered against him in the Superior Court of Seminole County, Oklahoma, on November 7, 1959 on a charge of receiving stolen property. He complains that the judgment and sentence is void, among other things, because the information by which he was originally charged failed to allege the name of the person from whom he received the stolen property.

In…