Ex Parte Foster

Court of Criminal Appeals of Oklahoma

Ex Parte Foster

1933 OK CR 73, 24 P.2d 297, 55 Okla. Crim. 19, 1933 Okla. Crim. App. LEXIS 6

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 21, 1933

DocketNo. A-8600.

StatusPublished

This text of 1933 OK CR 73 (Ex Parte Foster) 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 Foster, 1933 OK CR 73, 24 P.2d 297, 55 Okla. Crim. 19, 1933 Okla. Crim. App. LEXIS 6 (Okla. Ct. App. 1933).

Pincite

Opinion

PEE CUEIAM.

This is an original proceeding in habeas corpus. Petitioner alleges he is unlawfully re *20 strained by the sheriff of Oklahoma county by reason of a charge of adultery before a committing magistrate and a preliminary hearing thereon, upon which petitioner was held for the action of the district court. That there is no legal or competent evidence tending to prove the commission of an offense by petitioner and that he is unlawfully restrained.

Upon an examination of the transcript of the testimony we are satisfied the contention of petitioner is correct; that there is no legal or competent evidence sufficient to show probable cause.

The writ is awarded, and if petitioner is not held on any other charge, his release is ordered.

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PEE CUEIAM.

This is an original proceeding in habeas corpus. Petitioner alleges he is unlawfully re *20 strained by the sheriff of Oklahoma county by reason of a charge of adultery before a committing magistrate and a preliminary hearing thereon, upon which petitioner was held for the action of the district court. That there is no legal or competent evidence tending to prove the commission of an offense by petitioner and that he is unlawfully restrained.

Upon an examination of the transcript of the testimony we are satisfied the contention of petitioner is correct; that there is no legal or competent evidence sufficient to show probable cause.

The writ is awarded, and if petitioner is not held on any other charge, his release is ordered.

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Bluebook (online)

1933 OK CR 73, 24 P.2d 297, 55 Okla. Crim. 19, 1933 Okla. Crim. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-foster-oklacrimapp-1933.