Court of Criminal Appeals of Oklahoma, 1964

McDonald v. State

Court of Criminal Appeals of Oklahoma · Decided March 18, 1964 · Bussey, Johnson, Nix

390 P.2d 527; 1964 OK CR 35; 1964 Okla. Crim. App. LEXIS 162 (Pacific Reporter, Second Series)

Opinion of the Court

BUSSEY, Judge.

On the 4th day of March, 1964, there was set for hearing, Oral Arguments on the States Motion to Dismiss the petition of John Henry McDonald, an inmate of the State Penitentiary at McAlester, Oklahoma, for the reason that said petition for Habeas Corpus is not verified as required by the provisions of Title 12 O.S.1961 § 1332.

Under the authority of White v. State, Okl.Cr., 390 P.2d 528, we are of the opinion that the States Motion to Dismiss should be sustained.

Petition for Habeas Corpus dismissed.

Petition dismissed.

' JOHNSON, P. J., and NIX, J., concur.

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