Manley v. Raines

1 Willard J. Manley seeks his release from the State Penitentiary at McAlester by way of writ of habeas corpus.
In his petition, filed pro se, he states that he is confined by reason of a conviction in the district court of Muskogee County
on a charge of assault with intent to kill, for which he was assessed a penalty of five years confinement in the state penitentiary. 2 Petitioner alleges as grounds for release that his court-appointed counsel, Cecil E. Robertson, had been for
many years counsel for petitioner's mother-in-law; that it was the wife of petitioner that he was accused of shooting in the
head, and that his mother-in-law was prejudiced against him and that the court-appointed attorney, therefore, could not do
his best for him. And petitioner further says that he could not have assaulted his wife because he was not present at the
time of the alleged shooting. He sets up matters in the nature of an alibi, which presumably the jury considered at time of
trial, and rejected. At all events, the matters alleged are things which to be reviewed must come up by way of appeal. Appeal
was not perfected.