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HORTON v. WATERS

No. A-11646.

95 Okla. Cr. 112 (1952)

240 P.2d 1129

HORTON v. WATERS, Jr., Warden Oklahoma State Penitentiary.

Criminal Court of Appeals of Oklahoma.

February 6, 1952.

Attorney(s) appearing for the Case

Jack Horton, pro se.

Mac Q. Williamson, Atty. Gen., and Owen J. Watts, Asst. Atty. Gen., for respondent.

JONES, J.

This is an original action in habeas corpus instituted by the petitioner, Jack Horton, for the purpose of securing his release from imprisonment in the state penitentiary. The case is presented upon a demurrer to the petition filed by the Attorney General on behalf of the warden.

The demurrer is sustained for these reasons: First, the petition is unverified. Arles v. Burford, 95 Okla.Cr. 51,

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