Hardway v. Page

This is an original proceeding in which Hugh G. Hardway has petitioned for a writ of habeas corpus to release him from his present incarceration in the Oklahoma State Penitentiary. Petitioner alleges as his sole ground for relief that the judgment and sentence pursuant to which he is presently incarcerated is void because he was given a definte sentence of five years rather than being sentenced under the terms of the Indeterminate Sentence Act, 57 O.S. Supp.1968, §§ 353-356.

The records of the Court Clerk of the District Court of Oklahoma County indicate that Petitioner plead guilty for a…