Harrison v. Page
Harrison v. Page
Opinion of the Court
This is an original proceeding in which Carl Harrison, Jr. seeks his release from confinement in the State Penitentiary at McAlester where he is currently imprisoned under authority and by virtue of a judgment and sentence rendered against him on a plea of guilty in the District Court of Oklahoma County, to the charge of Petit Larceny After a Former Conviction of a Felony.
We observe at the outset that the petitioner is an inmate of the State Penitentiary, unschooled in the law, who has prepared the pleadings herein. Under such circumstances the Court carefully scrutinizes the pleadings in a light most favorable to the petitioner to determine whether said petition contains any allegation which might entitle the petitioner to the relief prayed for. An examination of the verified pleadings discloses that the petitioner was represented by counsel of his choice
We have repeatedly held that habeas corpus is not a substitute for appeal and that when it appears that the trial court had jurisdiction over the person, subject matter and authority under law to pronounce the judgment and sentence imposed, habeas corpus will be denied.
It appearing to the Court that the trial court had jurisdiction of the person, subject matter and authority under law to pronounce the judgment and sentence imposed, we are of the opinion that the writ prayed for should be, and the same is hereby, denied.
Reference
- Full Case Name
- Carl HARRISON, Jr. v. Ray PAGE, Warden, Oklahoma State Penitentiary
- Cited By
- 1 case
- Status
- Published