Ex parte Taylor

Ex parte Taylor
1948 OK CR 99
198 P.2d 750
87 Okl.Cr. 413
Decided: 10/13/1948
Oklahoma Court of Criminal Appeals

(Syllabus.)

Habeas Corpus-Functions of Writ.

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the petitioner is allegedly suffering, and where the facts introduced in support of the petition fail to show any illegality in the restraint, the writ will be denied.

Original proceeding in habeas corpus by Garland Taylor, seeking his release from the State Penitentiary. Writ denied.

Garland Taylor, of McAlester, pro se.

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

JONES, J. This action in habeas corpus was instituted by the petitioner, Garland Taylor, to secure his release from confinement in the State Penitentiary.

The evidence in support of the petition showed that the petitioner was committed to the State Penitentiary on December 2, 1940, upon two sentences that had been pronounced against him, one from the district court of Oklahoma county, dated November 25, 1940, and one from the district court of Bryan county, dated December 2, 1940.

At the time of his reception in the State Penitentiary, the petitioner was given Number 42,321 and was listed on the record as serving the Bryan county sentence for robbery with firearms. Subsequent thereto, and on April 5, 1944, the petitioner, in an action in mandamus brought in the district court of Pittsburgh county, secured a writ of mandamus wherein the court directed the warden to correct the records of the penitentiary to show that the time served by the petitioner since December 2, 1940, should be credited to the sentence from the district court of Oklahoma county, which was the sentence first pronounced and that upon his discharge from his Oklahoma county sentence, he should begin the serving of the Bryan county sentence. Pursuant to the writ of

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mandamus issued by the district court of Pittsburgh county, the record clerk of the penitentiary showed that the Oklahoma county sentence was completed on August 22, 1943, and the petitioner was accordingly re-filed in the institution as inmate Number 45,775, to commence the serving of the Bryan county sentence, the date of the beginning of said sentence being made. retroactive to August 22, 1943.

It is the contention of the petitioner that he having once been listed in the penitentiary as Number 42, 321, to commence the serving of the sentence from Bryan county on December 2, 1940, with the necessary allowances for good time, he is now entitled to discharge from said institution, and that he is being illegally detained in said institution.