Ex Parte Harkins

Court of Criminal Appeals of Oklahoma

Ex Parte Harkins

1925 OK CR 74, 232 P. 1117, 29 Okla. Crim. 167, 1925 Okla. Crim. App. LEXIS 61

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 14, 1925

DocketNo. A-5381.

StatusPublished

This text of 1925 OK CR 74 (Ex Parte Harkins) 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 Harkins, 1925 OK CR 74, 232 P. 1117, 29 Okla. Crim. 167, 1925 Okla. Crim. App. LEXIS 61 (Okla. Ct. App. 1925).

Pincite

Opinion

PER CURIAM.

In this case petitioners, Richard Harkins and Hugh Kelly, by their attorneys, have presented to this court a petition alleging that they are unlawfully imprisoned in the county jail of Choctaw county by D. E. McClanahan, sheriff of said county; that, having been charged with the murder of Elmer Coker, they are *168 now held in custody under commitment issued by A. G. Hardin, justice of the peace, acting as an examining magistrate on a preliminary examination held December 26, 1924; and that on a habeas corpus proceeding the district court of said county denied bail. It is alleged that petitioners were not guilty of the crime of murder as charged, and that the proof of their guilt of the crime of murder is not evident, nor the presumption thereof great. Attached to said petition is a transcript of the testimony taken upon their preliminary examination. On January 10,1925, the cause was heard upon the evidence taken upon the preliminary and other evidence offered on the application before the district court. Upon a consideration of the testimony presented, we are of opinion that petitioners should be admitted to bail. It is therefore adjudged and ordered that petitioner Richard Harkins be admitted to bail, bond fixed in the sum of $20,000; that petitioner Hugh Kelly be admitted to bail, bond fixed in the sum of $15,000; bonds to be conditioned as by law required, and to be approved by the court clerk of Choctaw county.

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PER CURIAM.

In this case petitioners, Richard Harkins and Hugh Kelly, by their attorneys, have presented to this court a petition alleging that they are unlawfully imprisoned in the county jail of Choctaw county by D. E. McClanahan, sheriff of said county; that, having been charged with the murder of Elmer Coker, they are *168 now held in custody under commitment issued by A. G. Hardin, justice of the peace, acting as an examining magistrate on a preliminary examination held December 26, 1924; and that on a habeas corpus proceeding the district court of said county denied bail. It is alleged that petitioners were not guilty of the crime of murder as charged, and that the proof of their guilt of the crime of murder is not evident, nor the presumption thereof great. Attached to said petition is a transcript of the testimony taken upon their preliminary examination. On January 10,1925, the cause was heard upon the evidence taken upon the preliminary and other evidence offered on the application before the district court. Upon a consideration of the testimony presented, we are of opinion that petitioners should be admitted to bail. It is therefore adjudged and ordered that petitioner Richard Harkins be admitted to bail, bond fixed in the sum of $20,000; that petitioner Hugh Kelly be admitted to bail, bond fixed in the sum of $15,000; bonds to be conditioned as by law required, and to be approved by the court clerk of Choctaw county.

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Bluebook (online)

1925 OK CR 74, 232 P. 1117, 29 Okla. Crim. 167, 1925 Okla. Crim. App. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-harkins-oklacrimapp-1925.