[Download] "In Re Young" by Court of Criminal Appeals of Oklahoma # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Young
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 12, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
1 This is an original proceeding in habeas corpus brought by petitioner, David Young, wherein he seeks relief from a judgment and sentence of ten days in jail on a charge of direct criminal contempt of court. The contempt was committed in the District Court of Creek County on January 30, 1957. No appeal was taken from the judgment and sentence, but instead, relief by prohibition was sought in the Supreme Court of the State of Oklahoma, and on denial of jurisdiction therein, by certiorari in the United States Supreme Court, wherein jurisdiction was also denied. The foregoing procedure was at the election of the petitioner. It has been called to our attention without denial that the petitioner stated in the Supreme Court: "That relying upon cases cited and affirmed in Seay v. Howell, supra, (311 P.2d 207) petitioner herein has waived and abandoned all effort to obtain relief by appeal to the Criminal Court of Appeals; * * *" In any event, during the pursuit of the remedy sought in the state Supreme Court and the United States Supreme Court, petitioners right to appeal was permitted to expire. It is thus apparent that the petitioner herein voluntarily elected to pursue the hereinbefore remedies and deny himself relief by right to review on appeal in this Court.