131 P.2d 773 | Okla. Crim. App. | 1942
Petitioner, J. O. Story, has filed in this court, on October 7, 1942, what is termed "Petition for Review in Error". There being no such pleading known to this court, it has been filed and will be titled as a petition for writ of habeas corpus.
This petitioner, J. O. Story, who is John O. Story, was charged, tried and convicted of the crime of murder in the district court of Bryan county on the 18th day of October, 1939, and was sentenced to serve a life term in the state penitentiary at McAlester for the killing of his wife, Ethel Story. He is now confined in the State Penitentiary. His case was appealed to this court and oral argument was had thereon on two different occasions. An opinion was rendered by this court on the 17th day of December, 1941, in which the judgment and sentence of the district court of Bryan county was affirmed. Story v. State,
As we have so often announced, petitioner's only opportunity for relief is from the Governor of the state, in whom the Constitution has placed the power of pardon and parole. *369
For the reasons above stated, the demurrer of the Attorney General, filed in behalf of the warden of the penitentiary, is sustained and the petition for writ of habeas corpus is denied.
DOYLE and JONES, JJ., concur.