Opinion
No. A-10636.
October 3, 1945.
(Syllabus.)
This being a companion case to Ex parte Mills, 81 Okla. Cr. 200, 162 P.2d 334, the Syllabus in Ex parte Mills, is adopted as the syllabus in this case.
1. Habeas Corpus — Convict not Released on Writ Unless Judgment and Sentence Void. One imprisoned in the State Penitentiary will not be released upon habeas corpus unless the judgment and sentence under which he is serving is void.
2. Same — Plea of Entrapment Foreclosed by Plea of Guilty. The issue as to whether the petitioner had committed crime by reason of entrapment by the officers of the county where the crime was committed will not be heard in habeas corpus proceeding, where record shows that petitioner entered plea of guilty to the crime charged against him in the information.
Original action in habeas corpus by Leroy Phares to secure petitioner's release from confinement in the State Penitentiary. Writ denied.
Leroy Phares, per se.
Randell S. Cobb, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for respondent.
This action in habeas corpus is identical with that filed herein in the case of Ex parte Mills, 81 Okla. Cr. 200, 162 P.2d 334. Phares was jointly charged with Mills in the district court of Custer county with the crime of burglary. He entered his plea of guilty to the crime and was represented by the same counsel who represented the petitioner Sterling Mills. The opinion of this court in Ex parte Mills, supra, applies to the disposition of the instant case, as the issue of entrapment sought to be raised by Phares is identical with the issue sought to be raised by the petitioner Sterling Mills.
For the reasons stated in the case of Ex parte Mills, supra, the writ of habeas corpus is denied.
BAREFOOT, P. J., concurs. DOYLE, J., not participating.