Opinion
No. A-11578.
December 26, 1951.
(Syllabus.)
1. Habeas Corpus — Writ Not Based Upon Unverified Petition.
2. Same — Duly Certified Copy of Information Should Be Attached to Petition. Where petition for writ of habeas corpus alleges that information upon which conviction was sustained was void, a duly certified copy of the information should be attached to the petition.
3. Same — Only Questions Considered Which Affect Jurisdiction of Trial Court. In habeas corpus only those questions may be considered which affect the jurisdiction of the trial court to pronounce the particular judgment and sentence which is attacked.
4. Same — Writ Not Substituted for Appeal. Habeas corpus may not be substituted for an appeal.
Original action in habeas corpus by R.L. Arles to secure his release from the penitentiary. Writ denied.
R.L. Arles, pro se.
Mac Q. Williamson, Atty. Gen., for respondent.
This is an original action in habeas corpus by the petitioner, R.L. Arles, who seeks to secure his release from confinement in the penitentiary.
The writ of habeas corpus is denied for these reasons:
First. The petition is unverified.
Second. The sufficiency of the information is challenged and a certified copy of the information is not attached to petition so that the court may determine its sufficiency.
Third. Habeas corpus may not be substituted for appeal.
BRETT, P.J., concurs.