Ex Parte Howland
Court of Criminal Appeals of Oklahoma
Original application for habeas corpus by Lyda Howland. The relator, Lyda Howland, filed her petition in this court on July 13, 1909, alleging that she is restrained in the state penitentiary by virtue of an alleged commitment, purporting to come from the district court of Lincoln count}', Okla. T., March term, 1902, and that such restraint is illegal for the reason “there is no judgment roll of record against her in the records of said district court of Lincoln county.”
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Original application for habeas corpus by Lyda Howland. The relator, Lyda Howland, filed her petition in this court on July 13, 1909, alleging that she is restrained in the state penitentiary by virtue of an alleged commitment, purporting to come from the district court of Lincoln count}', Okla. T., March term, 1902, and that such restraint is illegal for the reason “there is no judgment roll of record against her in the records of said district court of Lincoln county.” The writ was issued returnable on the 7th day of September, 1909. The warden of the state penitentiary made his return on…
1Opinion of the CourtOwen, Judge
(after stating the facts as above). There is no contention in this case that a judgment was not rendered against the petitioner. The contention is, as appears in the original petition, that at the time the petition was filed in this case there was no “judgment roll of record against the petitioner.” It appears from the record that after the original petition was filed in this court, the Attorney General and J. B. A. Robertson, former county attorney of Lincoln county, filed with the district court of Lincoln county a petition asking for an order nunc pro tunc, correcting the record in the…
2Cases cited11 opinions
- Wegman v. . ChildsNew York Court of Appeals · 1869
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
- Bobo v. StateSupreme Court of Arkansas · 1882
- State v. TugwellWashington Supreme Court · 1898
- Ward v. MagnessSupreme Court of Arkansas · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sweetser v. FoxUtah Supreme Court · 1913
- Fitzsimmons v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Adams v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. BunchCourt of Criminal Appeals of Oklahoma · 1922
- Dunn v. StateCourt of Criminal Appeals of Oklahoma · 1921
18 more not listed; retrieve them via the Exa API.