Ex parte Collins

Ex parte Collins
1944 OK CR 75
153 P.2d 243
79 Okl.Cr. 193
Decided: 11/15/1944
Oklahoma Court of Criminal Appeals

(Syllabus.)

Rape-Punishment for Attempt to Commit First-Degree Rape.

Original proceeding in habeas corpus by Elmer Collins to secure his release from confinement in the State Penitentiary at McAlester. Writ denied.

Page 194

Elmer Collins, pro se.

Randell S. Cobb, Atty. Gen., and Jess L. Pullen, Asst. Atty. Gen., for respondent.

JONES, P. J. This is an original proceeding in habeas corpus where the petitioner, Elmer Collins, seeks to secure his release from confinement in the State Penitentiary, at McAlester.

The Attorney General has filed a demurrer to the petition calling our attention to the fact that in the cases of Ex Parte Collins, 76 Okla. Cr. 163, 135 P.2d 61, and Collins v. State, 59 Okla. Cr. 18, 55 P.2d 790, the exact contention now presented by petitioner was in each of these cases considered and decided adversely to petitioner.