Ex Parte Gray

Court of Criminal Appeals of Oklahoma

Ex Parte Gray

1933 OK CR 78, 24 P.2d 1118, 55 Okla. Crim. 26, 1933 Okla. Crim. App. LEXIS 26

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 1, 1933

DocketNo. A-8599.

StatusPublished

This text of 1933 OK CR 78 (Ex Parte Gray) 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 Gray, 1933 OK CR 78, 24 P.2d 1118, 55 Okla. Crim. 26, 1933 Okla. Crim. App. LEXIS 26 (Okla. Ct. App. 1933).

Pincite

Opinion

DAVENPORT, J.

This is an original petition filed by John H. Gray, in which he alleges and states that he is unlawfully imprisoned and restrained by Clyde Kyser, sheriff of Pontotoc county, Okla.; that the cause of said restraint is that he is held by the sheriff without bail, charged with the crime of murder; that the district judge has denied him bail, and the petitioner asks this court to enlarge him on bail. The petition further states that the restraint is illegal and unauthorized, in that the proof of the guilt of the petitioner is not evident nor the presumption great.

The petitioner, in support of the allegations in his petition, offers the testimony taken by the examining magistrate. After carefully reading the testimony taken by the examining magistrate, we hold that the petitioner is not entitled to the relief prayed for in his petition. Therefore the writ is denied.

EDWARDS, P. J., and CHAPPELL, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DAVENPORT, J.

This is an original petition filed by John H. Gray, in which he alleges and states that he is unlawfully imprisoned and restrained by Clyde Kyser, sheriff of Pontotoc county, Okla.; that the cause of said restraint is that he is held by the sheriff without bail, charged with the crime of murder; that the district judge has denied him bail, and the petitioner asks this court to enlarge him on bail. The petition further states that the restraint is illegal and unauthorized, in that the proof of the guilt of the petitioner is not evident nor the presumption great.

The petitioner, in support of the allegations in his petition, offers the testimony taken by the examining magistrate. After carefully reading the testimony taken by the examining magistrate, we hold that the petitioner is not entitled to the relief prayed for in his petition. Therefore the writ is denied.

EDWARDS, P. J., and CHAPPELL, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1933 OK CR 78, 24 P.2d 1118, 55 Okla. Crim. 26, 1933 Okla. Crim. App. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-gray-oklacrimapp-1933.