In re Mercer

In re Mercer
1946 OK CR 3
165 P.2d 150
81 Okl.Cr. 350
Decided: 01/02/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus-Writ Cannot be Substituted for Appeal-Record Does not Contain Evidence to Justify Writ.

Original proceeding on the petition of Jesse W. Mercer for a writ of habeas corpus. Denied.

Jesse W. Mercer, in pro. per.

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

BAREFOOT, P. J. The application of petitioner for habeas corpus was submitted to this court on September 26, 1945.

In this petition it is revealed that petitioner is now confined and is serving a term in the State Penitentiary

Page 351

by reason of a judgment and sentence of the district court of Comanche county, Okla., where he was tried and convicted and sentenced to serve a term of 20 years for rape in the first degree. No appeal was filed.