22 P.2d 114 | Okla. Crim. App. | 1933
This is an original proceeding in habeas corpus. Petition is filed by Hattie D. Yandell, guardian, in behalf of Ozie Yandell, who will be referred to as petitioner. It alleges that said Ozie Yandell is unlawfully restrained by the warden of the penitentiary; that said restraint is by virtue of a commitment of the district court of Hughes county on a conviction in said court on a plea of guilty of burglary.
It is alleged the conviction and the commitment are void for the reason that at the time said Ozie Yandell was an insane and incompetent person and had been so adjudged by the county court of Seminole county. Attached to the petition is a certified copy of the judgment and commitment and of the judgment of the county court of Seminole county adjudging Ozie Yandell to be an insane, incompetent person. It is alleged that said Ozie Yandell appeared without counsel and none was appointed for him, and by reason of his insanity was incapable of waiving any of his legal rights, and for that reason the district court was without jurisdiction to render judgment. The argument is made that a person insane at the time of the commission of an offense can never be punished for such an offense or that a person who commits an offense while sane and thereafter becomes insane cannot be punished so long as he shall remain insane. In support of his contention petitioner cites In re Wright,
The further case of Mabry v. Hoye,
It is fundamental that habeas corpus cannot be invoked for the release of one imprisoned under a judgment and commitment by a court of competent jurisdiction unless the judgment and sentence is clearly void. After a judgment of conviction has become final, the question of defendant's insanity at the time of the commission of the offense or at the time of trial cannot be raised on habeas corpus. Ex parte Stevenson,
In the Cassidy Case, supra, wherein it was sought by habeas corpus to release one convicted of a felony because of his imbecility at all times, the court said:
" 'Want of jurisdiction is want of power to proceed.' But there was no want of power to proceed. The Supreme Court had jurisdiction of the offense in this case and of the prisoner; this is conceded. It also had the power and it was its duty to proceed, unless the mental defect of the prisoner was brought to the attention of the court and established by competent proof. The naked assertion of the prisoner's imbecility at this time, or the mere admission of it by the Attorney General in this proceeding, is not sufficient to undermine the jurisdiction of the trial court and render the trial a nullity. People ex rel. Scharff v. Frost,
In the Heytz Case, supra, this court held: *361
"A petition for a writ of habeas corpus alleging that petitioner was unlawfully restrained of his liberty by the chief of police under a sentence for vagrancy imposing a fine, and that petitioner was insane, and had been so adjudged, as evidenced by an attached certificate of the clerk of court, held not to allege facts sufficient to warrant issuance of the writ."
A somewhat similar question was presented in the case of In re McWilliams,
"We conclude that since the probate courts have no jurisdiction in criminal cases, since the degree of insanity which will authorize the adjudication of a person as insane is not, always the same degree as will excuse the same person when tried for a crime, since it is unthinkable to urge that the will of the insane person's guardian shall be substituted for the custody of the criminal court, and therefore in the absence of an express statute the rule at common law should prevail in the trial of the alleged insane defendant; that is, that the trial judge upon his own inspection and view of the accused, or in his discretion, upon examination of the proceedings of the probate court may either impanel a jury and try as a preliminary matter the question of the present insanity of the accused, or submit the questions of insanity, with the whole case, to the jury which tries accused for the felony, and if guilt be found, follow the proceedings set out in sections 1430 et seq., in such wise as the then mental condition of the defendant, as found by the jury, may render appropriate."
See, also, In re Selowsky,
The judgment is not void, and the petitioner is not entitled to, release by habeas corpus.
The writ is denied.
DAVENPORT and CHAPPELL, JJ., concur. *362