Ex Parte Harrison

Court of Criminal Appeals of Oklahoma

Ex Parte Harrison

1928 OK CR 82, 264 P. 637, 39 Okla. Crim. 192, 1928 Okla. Crim. App. LEXIS 276

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 28, 1928

DocketNo. A-6766.

StatusPublished

This text of 1928 OK CR 82 (Ex Parte Harrison) 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 Harrison, 1928 OK CR 82, 264 P. 637, 39 Okla. Crim. 192, 1928 Okla. Crim. App. LEXIS 276 (Okla. Ct. App. 1928).

Pincite

Opinion

PER CURIAM.

The petition herein and the return to the rule to show cause issued thereon shows: That on November 6, 1927, in a cause pending in the district court of Cleveland county, on information charging petitioner with the crime of driving a motor vehicle on the public -highway while under the influence of intoxicants, petitioner was admitted to bail, and, having made appearance as required in open court, withdrew his plea *193 of not guilty theretofore entered and entered his plea of guilty. Whereupon the court pronounced judgment, and said petitioner w-as sentenced to pay a fine of $100 and the costs. That thereafter and on the said date the petitioner was discharged. Thereafter petitioner was committed to the county jail by Frank Boggs, sheriff of Cleveland county ^ upon a commitment issued on said judgment and sentence.

Upon the hearing it was shown that a certified check for the sum of $200 had been deposited with the court clerk in lieu of a bond; that the cashier of the bank at first refused to honor said check, whereupon the commitment issued; that since the rule to show cause issued in this case said check has been honored and the judgment and sentence satisfied by the payment of the fine and costs.

It thus appears that petitioner is entitled to be discharged, and it is so ordered.

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PER CURIAM.

The petition herein and the return to the rule to show cause issued thereon shows: That on November 6, 1927, in a cause pending in the district court of Cleveland county, on information charging petitioner with the crime of driving a motor vehicle on the public -highway while under the influence of intoxicants, petitioner was admitted to bail, and, having made appearance as required in open court, withdrew his plea *193 of not guilty theretofore entered and entered his plea of guilty. Whereupon the court pronounced judgment, and said petitioner w-as sentenced to pay a fine of $100 and the costs. That thereafter and on the said date the petitioner was discharged. Thereafter petitioner was committed to the county jail by Frank Boggs, sheriff of Cleveland county ^ upon a commitment issued on said judgment and sentence.

Upon the hearing it was shown that a certified check for the sum of $200 had been deposited with the court clerk in lieu of a bond; that the cashier of the bank at first refused to honor said check, whereupon the commitment issued; that since the rule to show cause issued in this case said check has been honored and the judgment and sentence satisfied by the payment of the fine and costs.

It thus appears that petitioner is entitled to be discharged, and it is so ordered.

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Bluebook (online)

1928 OK CR 82, 264 P. 637, 39 Okla. Crim. 192, 1928 Okla. Crim. App. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-harrison-oklacrimapp-1928.