McNutt v. State

NIX, Judge:

This is an original proceedings in which the petitioner, Cliff McNutt, seeks a dismissal of a hold order from the District Court of Payne County, Oklahoma, which he has labeled “Petition for Writ of Habeas Corpus Presedendo Ad, Juditium”. This Court will treat it as a petition for a Writ of Mandamus. He is now incarcerated in the New Mexico State Penitentiary, and seeks to be returned to Oklahoma for a period of ninety days only to face trial on this charge in Payne County.

This Court has consistently held, as in the case of Head v. State, Okl.Cr., 388 P. 2d 327:

“Petitioner…