Ex parte Clement

Ex parte Clement
1941 OK CR 27
110 P.2d 624
71 Okl.Cr. 245
Decided: 02/12/1941
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus--Writ Denied Where Petition States Insufficient Facts.

Petitions for writs of habeas corpus by John Clement and LeRoy Clement directed to the Warden of the State Penitentiary to which petition demurrers were interposed. Demurrers sustained and writs denied.

John Clement, in pro. per.

PER CURIAM. The petitioners, John Clement and LeRoy Clement, now confined in the State Penitentiary, mailed to the clerk of this court their verified petitions, each alleging that he is unlawfully imprisoned and restrained of his liberty by the warden of the State Penitentiary at McAlester.

It appears that the petitions were filed on February 6, 1941.

The Attorney General has filed a demurrer to each petition and for grounds therefor alleges that said petition fails to state facts sufficient to constitute a cause of action in favor of said petitioner and against respondent.

It is merely alleged in each petition:

"That the petitioner was sentenced in open district court without an attorney to defend him, and the court in which he was being held did refuse to appoint an attorney to defend him."

Page 246

Each petition is silent as to the court wherein petitioner was tried, or of the crime of which he was convicted.