Ex parte Nye

12 Citing cases

  1. In re Tidwell

    309 P.2d 302 (Okla. Crim. App. 1957)   Cited 6 times
    Observing that "there is no statute in Oklahoma requiring the trial court to give credit for time spent in custody prior to trial," and that "in the absence of statute the time that the defendant has spent in jail awaiting trial forms no part of the time for which he was sentenced."

    And, if the same had been overruled, he could have appealed to this court on petition for writ of habeas corpus or he could have proceeded to trial and reserved the question of denial of a speedy trial as one of the grounds of appeal from a judgment of conviction. See also Ex parte Wilkerson, 73 Okla. Cr. 32, 117 P.2d 172; Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614; Ex parte Swain, 88 Okla. Cr. 235, 202 P.2d 223. In light of the foregoing authorities, this court is without authority of law to grant the relief herein prayed for and the petition for habeas corpus is accordingly dismissed.

  2. Cannon v. State

    296 P.2d 202 (Okla. Crim. App. 1956)   Cited 4 times

    "Notwithstanding the court's efforts, it is apparent that things were moving so fast the defendant was in a state of frustration and confusion. While there is substantial evidence that defendant entered a plea of guilty, it must be weighed in the light of the whole record, the pleadings, minutes, and the evidence at the hearing on the motion. House v. State, supra [ 75 Okla. Cr. 291, 131 P.2d 124]; In re Bradley, 72 Okla. Cr. 107, 113 P.2d 611; Ex parte Wooldridge, 72 Okla. Cr. 292, 115 P.2d 284; In re Nye, 75 Okla. Cr. 155, 129 P.2d 614."

  3. State ex Rel. v. Lackey

    257 P.2d 849 (Okla. Crim. App. 1953)   Cited 11 times

    The principle of law involved in the Wilkerson case is little different than that involved in the instant case. See also Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614; Ex parte Swain, 88 Okla. Cr. 235, 202 P.2d 223, and numerous other cases. For all the above and foregoing reasons under the conditions herewith presented it is not within the power of this court or any other court to grant the writ of mandamus herein sought and the same is accordingly denied."

  4. De Wolf v. State

    96 Okla. Crim. 382 (Okla. Crim. App. 1953)   Cited 18 times

    But, it is clearly evident that the trial court herein had jurisdiction of the subject matter, jurisdiction of the person of the accused, and authority under the law to render the judgment and sentence imposed. Powell v. Alabama, supra; Johnson v. Zerbst, supra; Ex parte Motley, 86 Okla. Cr. 401, 193 P.2d 613; Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614; Ex parte Allen, 86 Okla. Cr. 48, 192 P.2d 289; certiorari denied, Allen v. Burford, 334 U.S. 830, 68 S.Ct. 1333, 92 L.Ed. 1757. The writ of habeas corpus may not be used as a substitute for an appeal.

  5. Ex Parte Tartar

    94 Okla. Crim. 103 (Okla. Crim. App. 1951)   Cited 7 times

    The principle of law involved in the Wilkerson case is little different than that involved in the instant case. See, also, Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614; Ex parte Swain, 88 Okla. Cr. 235, 202 P.2d 223, and numerous other cases. For all the above and foregoing reasons under the conditions herewith presented it is not within the power of this court or any other court to grant the writ of mandamus herein sought and the same is accordingly denied.

  6. In re Schechter

    231 P.2d 411 (Okla. Crim. App. 1951)   Cited 6 times

    In habeas corpus this court is limited in its inquiry to questions pertaining to the jurisdiction of the trial court to try and sentence the accused. Ex parte Motley, 86 Okla. Cr. 401, 193 P.2d 613; Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614; Ex parte Allen, 86 Okla. Cr. 48, 192 P.2d 289; certiorari denied, Allen v. Burford, 334 U.S. 830, 68 S.Ct. 1333, 92 L.Ed. 1757. The writ of habeas corpus may not be used as a substitute for an appeal. Ex parte Shockley, 75 Okla. Cr. 263, 130 P.2d 331; In re Wright, 75 Okla. Cr. 400, 132 P.2d 351. The writ of habeas corpus is denied.

  7. Ex Parte Tucker

    91 Okla. Crim. 391 (Okla. Crim. App. 1950)   Cited 10 times

    Having reached such a conclusion, there is nothing further for this court to consider, based on the facts recited. See the following cases where the writ was denied: Ex parte Marchbanks, 72 Okla. Cr. 380, 116 P.2d 725; Ex parte Bradley, 72 Okla. Cr. 107, 113 P.2d 611; Ex parte Wooldridge, 72 Okla. Cr. 292, 115 P.2d 284; In re Miller, 82 Okla. Cr. 269, 168 P.2d 897; In re Hazel, 80 Okla. Cr. 66, 157 P.2d 225; In re Carpenter, 80 Okla. Cr. 78, 157 P.2d 231; Ex parte Jones, 80 Okla. Cr. 172, 157 P.2d 916; Ex parte Gault, 78 Okla. Cr. 172, 146 P.2d 133; Ex parte Owens, supra; Ex parte Hall, 91 Okla. Cr. 11, 215 P.2d 587; Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614. The contention that Lottie Blackwell was the common-law wife of the defendant is overcome by the signed statement of Lottie and of the defendant, given the county attorney prior to the filing of charges.

  8. Shaw v. State

    179 P.2d 169 (Okla. Crim. App. 1947)   Cited 6 times

    The court tried to advise the defendant of his right to counsel, 24 hours to plead, trial by jury, and to plead guilty or not guilty. Notwithstanding the court's efforts, it is apparent that things were moving so fast the defendant was in a state of frustration and confusion. While there is substantial evidence that defendant entered a plea of guilty, it must be weighed in the light of the whole record, the pleadings, minutes, and the evidence at the hearing on the motion. House v. State, supra; In re Bradley, 72 Okla. Cr. 107, 113 P.2d 611; Ex parte Wooldridge, 72 Okla. Cr. 292, 115 P.2d 284; In re Nye, 75 Okla. Cr. 155, 129 P.2d 614. The foregoing quotations from the evidence disclose that the defendant understood the court to ask him if he was guilty and his reply was, "I guess".

  9. Ex Parte Cobler

    156 P.2d 383 (Okla. Crim. App. 1945)   Cited 1 times

    Under the pardon and parole law of the state, opportunity for an investigation of the facts as alleged in the petition may be promptly and properly investigated and action taken thereon, as the facts justify. Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614. For the reasons above stated, the petition for writ of habeas corpus is denied.

  10. Ex Parte Noble

    144 P.2d 122 (Okla. Crim. App. 1943)   Cited 3 times

    He had the right to enter a plea of guilty, as has often been held by this court. Ex parte Nye, 75 Okla. Cr. 155, 129 P.2d 614; Ex parte Bradley, 72 Okla. Cr. 107, 113 P.2d 611; Ex parte Wooldridge, 72 Okla. Cr. 292, 115 P.2d 284. As to his right to waive these rights, see the following cases: Starr v. State, 5 Okla. Cr. 440, 115 P. 356; State v. Frisbie, 8 Okla. Cr. 406, 127 P. 1091; Ex parte Gilbert, 71 Okla. Cr. 268, 111 P.2d 205; Ex parte Bradley, supra.