Public-domain · open source
OpenJurist

434 P.2d 486

Clutter v. State

Court of Criminal Appeals of Oklahoma

Decided November 29, 1967

Court of Criminal Appeals of Oklahoma · decided 1967-11-29

Decided 1967-11-29

¶1MEMORANDUM OPINION

BUSSEY, Judge:

¶2This is an original proceeding in which petitioner, Harvey D. Clutter, seeks his release from confinement from the State Penitentiary at McAlester, Oklahoma, where he is currently confined by virtue of a judgment and sentence rendered against him in the District Court of Garfield County.

¶3The sole question which petitioner seeks to raise at this time is that he was not accorded a speedy trial prior to entering a plea of guilty in said county.

¶4It is well settled that in order to properly preserve the question of denial of a speedy trial, it must first be raised in the trial court and preserved in the Motion for New Trial in order for this Court to consider it on an appeal. When this is not done, it cannot thereafter be raised for the first time in a habeas corpus proceeding, long after the time within which an appeal could be perfected has expired. The writ prayed for is accordingly denied.

¶5Writ denied.

NIX, P. J., and BRETT, J., concur.
/434/p2d/486 · .json · Public domain