Gilbreath v. District Court of Oklahoma County
Gilbreath v. District Court of Oklahoma County
Opinion of the Court
MEMORANDUM OPINION
This is an original proceeding in which the petitioner, Tommy Gilbreath, seeks an Order of this Court directing the dismissal of charges pending against him in the District Court of Oklahoma County.
Petitioner alleges that he was in custody in Craig County for a period of approximately seven months before escaping therefrom, and that he was thereafter apprehended and brought to trial and sentenced by said court for a term of one year imprisonment in the State Penitentiary, for the crime of Escape. On October 10, 1966, he commenced serving the sentence and on that date the District Court of Oklahoma County placed a hold order upon him.
If the petitioner is desirous of a speedy trial, he should, without delay, file an application for a writ of habeas corpus ad prosequendum in the District Court of Oklahoma County, and if said application is denied, he should then institute a proceeding in the nature of habeas corpus ad prosequendum in this Court. See Thacker v. Marshall, Okl.Cr., 331 P.2d 488.
The writ prayed for is accordingly denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.