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LONDON v. STATE OF OKLAHOMA

No. 5614.

248 F.2d 788 (1957)

Joe LONDON, Appellant, v. STATE OF OKLAHOMA, Appellee.

United States Court of Appeals Tenth Circuit.

October 15, 1957.

Attorney(s) appearing for the Case

No appearance for appellant (Joe London filed a brief pro se).

Lewis Wallace, Asst. Atty. Gen., of Oklahoma (Mac Q. Williamson, Atty. Gen., of Oklahoma, on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

Petitioner, Joe London, is confined in the Oklahoma State Penitentiary where he is serving a ten year sentence upon a conviction for second degree rape. He brings this habeas corpus proceeding seeking his release, principally upon the ground that perjured testimony was knowingly used to secure his conviction. The trial court assumed that the petitioner intended that the Warden of the State Penitentiary was to be the defendant in this action and that the...

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