Public-domain · open source
OpenJurist

199 F.2d 87

Docket No. 4500.

Howington v. Waters

Tenth Circuit Court of Appeals

Decided Sept. 25, 1952.

Tenth Circuit Court of Appeals · decided 1952-09-25

Cited by 1 later decisions — most recently September 1952

1 federal appellate ·

1 counsel of record

Relies on Odell v. Hudspeth · Sampsell v. California · 30 Okla. Crim. 243 - Howington v. State

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-09-25

View the full empirical analysis of this case →

¶1No appearances.

¶2Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

¶3PER CURIAM.

¶4The Petitioner, an inmate of the Oklahoma State Penitentiary at McAlester, under life sentence for murder, applied to the District Court for the Eastern District of Oklahoma for a writ of habeas corpus, claiming that his conviction was brought about by framed evidence, to which the prosecuting attorney was a party. In its response, the State of Oklahoma, referring to the litigation in Howington v. State, 30 Okl.Cr. 243, 235 P. 931 and Id.,35 Okl. Cr. 352, 250 P. 941, and the application for a writ of habeas corpus in the Oklahoma Criminal Court of Appeals in which the same issues were presented and denied, alleged that the Petitioner was in lawful *88custody, and prayed for discharge of the writ. After hearing on the application for the writ, in which the appellant was permitted to testify, the trial court denied the same.

¶5Upon consideration of the whole record, we are of the view that the judgment of the trial court should he and is affirmed. See Gault v. Burford, 10 Cir., 173 F.2d 813; Odell v. Hudspeth, 10 Cir., 189 F.2d 300; Soulia v. O’Brien, 1 Cir., 188 F.2d 233; Maxwell v. Hudspeth, 10 Cir., 175 F.2d 318; Sampsell v. People of State of California, 9 Cir., 191 F.2d 721.

/199/f2d/87 · .json · Public domain