Wilkins v. State
Court of Criminal Appeals of Oklahoma
Application of George Wilkins for writ of habeas corpus. The petitioner, George Wilkins, on January 24, 1911. filed in this court a verified petition, wherein he avers that he is unlawfully restrained of his liberty by one J. L. Wisener, sheriff of Muskogee county, at and in the common jail of said county.
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Application of George Wilkins for writ of habeas corpus. The petitioner, George Wilkins, on January 24, 1911. filed in this court a verified petition, wherein he avers that he is unlawfully restrained of his liberty by one J. L. Wisener, sheriff of Muskogee county, at and in the common jail of said county. The petition further avers: “That the aforesaid restraint and imprisonment of your petitioner is illegal, and that the aforesaid pretended conviction in said superior court was before a jury of six persons, impaneled in said superior court for the trial of your petitioner ; that your…
1Opinion of the CourtDoyle, J.
Upon the record before us it cannot be doubted ■or denied that the superior court of Muskogee county had jurisdiction of the person and the subject-matter. The only alleged defect in the proceedings is the impaneling of a jury of only six men in the trial of the case, which was done without ■objection on the part of the defendant. It only remains to consider whether this alleged irregularity rendered the proceedings void. It is now contended on behalf of petitioner that his conviction was illegal and void, and the court had no jurisdiction to proceed thereon to judgment and sentence, because…
2Cases cited18 opinions
- Callan v. WilsonSupreme Court of the United States · 1888
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1908
13 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re AmblerCourt of Criminal Appeals of Oklahoma · 1914
- Ex Parte HollingsheadCourt of Criminal Appeals of Oklahoma · 1923
- Ex Parte DunnCourt of Criminal Appeals of Oklahoma · 1926
- Ex Parte McClureCourt of Criminal Appeals of Oklahoma · 1911
- Ex Parte LydeCourt of Criminal Appeals of Oklahoma · 1920
27 more not listed; retrieve them via the Exa API.