[DOWNLOAD] "In Re Patton" by Court of Criminal Appeals of Oklahoma # eBook PDF Kindle ePub Free

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eBook details

• Title: In Re Patton
• Author : Court of Criminal Appeals of Oklahoma
• Release Date : January 24, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

2 The verified petition filed herein alleges in substance that the petitioner is imprisoned in the state penitentiary by virtue of an order of the district court of Love county, Oklahoma, made by the judge thereof on February 21, 1962, revoking a suspended sentence granted petitioner on March 17, 1960 in a case wherein this petitioner entered a plea of guilty to a charge of "larceny of livestock" and was sentenced to three years in the penitentiary, such sentence suspended during good behavior. That a hearing was had on the application to revoke the order suspending sentence; that said hearing was not a fair hearing and petitioner was denied due process of law and the right to a fair trial on said application, as guaranteed by the state and federal constitutions; that his rights were violated; that his suspended sentence was revoked by the trial judge on grounds not sanctioned by law; that the order and judgment of the trial court was contrary to law, contrary to the evidence, and petitioner was denied a fair and impartial hearing. That the court was biased and prejudiced, that the court acted arbitrarily and abused its discretion in the revocation of the suspended sentence; that the application to revoke suspended sentence was too vague and indefinite and did not apprise the defendant as to the reason for the filing of said application; that the findings of the court and order are contrary to the evidence in support of the application to revoke suspended sentence; that the court admitted totally incompetent and irrelevant testimony; that the trial judge expressed his bias and prejudice towards the attorney for petitioner and petitioner feels that this bias and prejudice was reflected against him in the revocation of his suspended sentence. Petitioner prays this Court to issue a writ of habeas corpus releasing him, and that the order of revocation of suspended sentence be vacated; that petitioners suspended sentence be reinstated, and petitioner released.

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