Ex Parte Colbert

Court of Criminal Appeals of Oklahoma

Ex Parte Colbert

1931 OK CR 511, 5 P.2d 765, 52 Okla. Crim. 392, 1931 Okla. Crim. App. LEXIS 494

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 28, 1931

DocketNo. A-8305.

StatusPublished

Cited by1 cases

This text of 1931 OK CR 511 (Ex Parte Colbert) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Colbert, 1931 OK CR 511, 5 P.2d 765, 52 Okla. Crim. 392, 1931 Okla. Crim. App. LEXIS 494 (Okla. Ct. App. 1931).

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Opinion

*393 PEE CTJBIAM.

This is an original proceeding in habeas corpus. Petitioner alleges: He was convicted in the county court of Caddo county of a violation of the prohibitory liquor law, and was sentenced to serve a term of 40 days in the county jail, and to pay a fine of $100 and costs; that he executed a stay bond for the fine and costs, and was released from jail; that thereafter, the fine and costs not having been paid under the terms of the stay bond, he is committed to jail for failure to pay the said fine and costs; that said restraint is illegal for the reason that the county court of Caddo county has forfeited said stay bond, and ordered suit to recover the penalty named therein.

By the terms of section 2998, Comp. St. 1921, if a defendant, on conviction of a misdemeanor, shall, after executing a bond to stay the fine and costs, fail to pay, he shall be committed until he shall have served out the amount thereof. Ex parte Bailey, 50 Okla. Cr. 53, 296 Pac. 998. The conditions here enumerated bring petitioner within the terms of this statute. The fact that the state may be endeavoring by civil suit to recover the penalty named in the bond is a matter with which we are not concerned.

The writ is denied.

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*393 PEE CTJBIAM.

This is an original proceeding in habeas corpus. Petitioner alleges: He was convicted in the county court of Caddo county of a violation of the prohibitory liquor law, and was sentenced to serve a term of 40 days in the county jail, and to pay a fine of $100 and costs; that he executed a stay bond for the fine and costs, and was released from jail; that thereafter, the fine and costs not having been paid under the terms of the stay bond, he is committed to jail for failure to pay the said fine and costs; that said restraint is illegal for the reason that the county court of Caddo county has forfeited said stay bond, and ordered suit to recover the penalty named therein.

By the terms of section 2998, Comp. St. 1921, if a defendant, on conviction of a misdemeanor, shall, after executing a bond to stay the fine and costs, fail to pay, he shall be committed until he shall have served out the amount thereof. Ex parte Bailey, 50 Okla. Cr. 53, 296 Pac. 998. The conditions here enumerated bring petitioner within the terms of this statute. The fact that the state may be endeavoring by civil suit to recover the penalty named in the bond is a matter with which we are not concerned.

The writ is denied.

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Bluebook (online)

1931 OK CR 511, 5 P.2d 765, 52 Okla. Crim. 392, 1931 Okla. Crim. App. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-colbert-oklacrimapp-1931.

Opinion

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