Ex parte Story

Ex parte Story
1947 OK CR 127
184 P.2d 983
86 Okl.Cr. 20
Decided: 11/05/1947
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Habeas Corpus-Petition Denied Where Like Petitions Al ready De6ed and Conviction Sustained for Murder on Appeal. Where conviction of murder had been affirmed, and petitions for writs of habeas corpus and mandamus had been denied, a petition for like writs presenting the same matter would also be denied.

2. Same-Only Jurisdictional Questions Considered-Writ not Invoked Where Court Acted Within Jurisdiction; nor to Correct Error, or as Substitute for Appeal. In a habeas corpus proceeding only jurisdictional questions may be considered, and the wit cannot be invoked to review the action of courts of record, where they acted within their jurisdiction, nor for the purpose of correcting irregularities or errors, or as a substitute for an appeal.

Original habeas corpus proceeding by John 0. Story, seeking his release from the State Penitentiary. Writ denied.

John 0. Sory, per se.

Mac Q. Wlliamson, Atty. Gen., and Sam H. Lattimore, Asst. Aty. Gen., for respondent.

BAREFOOT, P. J. This petitioner, John 0. Story, has upon numerous occasions filed in this court what he designates as habeas corpus," "petition in error, " "mandamus", etc. We have been very lenient in permitting the filing of these petitions, and have considered all of them.

Petitioner was convicted in the district court of Bryan county d the crime of murder. He was convicted of murdering his wife by locking her in an outbuilding and setting fire to the same. He appealed his conviction to this court, and the judgment of the district court of Bryan count, was affirmed. Story v. State, 73 Okla.

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