Opinion
No. A-10647.
January 30, 1946.
(Syllabus.)
Habeas Corpus — Writ Denied Where Same Questions Presented in Appeal Now Presented in Petition for Habeas Corpus. Where a defendant has been tried in the district court, and has appealed and the case affirmed, this court will not review the case again on petition for writ of habeas corpus.
Original habeas corpus proceeding by Lewis Solomon to obtain release from the State Penitentiary at McAlester, Oklahoma. Writ denied.
Lewis Solomon, in pro. per.
Randell S. Cobb. Atty. Gen., and J. Walker Field, Asst. Atty. Gen., for respondent.
Petitioner, Lewis Solomon, has filed a petition for habeas corpus seeking his release from the State Penitentiary at McAlester, where he is confined by reason of a judgment and sentence of the district court of Tulsa county; serving a term of three years for receiving stolen property.
This case was appealed to this court, and the judgment of the district court of Tulsa county was affirmed. Solomon v. State, 79 Okla. Cr. 93, 151 P.2d 944. On petition for rehearing, the judgment and sentence was modified from a term of seven years to a term of three years in the State Penitentiary. Solomon v. State, 79 Okla. Cr. 361, 155 P.2d 272.
The same questions presented in the appeal are now presented in the petition for habeas corpus. These questions cannot be reconsidered in a petition for habeas corpus.
The petition for habeas corpus is denied.
JONES, P. J., concurs. DOYLE, J., not participating.