Ex Parte Kincade

Supreme Court of Oklahoma

Ex Parte Kincade

1944 OK 245, 151 P.2d 796, 194 Okla. 356, 1944 Okla. LEXIS 466

CourtSupreme Court of Oklahoma

DecidedSeptember 19, 1944

DocketNo. 31584.

StatusPublished

Cited by5 cases

This text of 1944 OK 245 (Ex Parte Kincade) is published on Counsel Stack Legal Research, covering Supreme Court 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 Kincade, 1944 OK 245, 151 P.2d 796, 194 Okla. 356, 1944 Okla. LEXIS 466 (Okla. 1944).

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Opinion

PER CURIAM.

This is an attempted appeal from an order of the district court of Craig county, denying the application of petitioner, Batia Kincade, for a writ of habeas corpus to discharge him from the custody of Eastern Oklahoma Hospital, in which institution petitioner has been confinéd for several years, pursuant to commitment by the county court of Adair county adjudging him insane. While there is the allegation that the proceedings committing said petitioner to said institution are void on the face of the record, said proceedings are attached to the petition herein and same appear regular.

The attempted appeal herein must be dismissed under the cases of Wisener, Sheriff, v. Burrell, 28 Okla. 546, 118 P. 999, 34 L. R. A. N.S. 755, Ann Cas. 1912D, 356; Ex parte Logan, 33 Okla. 659, 126 P. 800, and Jamison v. Gilbert et ux., 38 Okla. 751, 135 P. 342, and other cases by this court.

Petitioner asks that, in the event the appeal is dismissed, we treat this appeal as an original petition for a writ of habeas corpus out of this court. But under the record and facts presented by petitioner as disclosed by the record on appeal, it does not appear that he is now sane, and it does not appear that petitioner is entitled to be released from custody, and the petition for a writ of habeas corpus under the original jurisdiction of this court is hereby denied.

CORN, C.J., GIBSON, V.C.J., and OSBORN, RILEY, BAYLESS, HURST, and DAVISON, JJ., concur.

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PER CURIAM.

This is an attempted appeal from an order of the district court of Craig county, denying the application of petitioner, Batia Kincade, for a writ of habeas corpus to discharge him from the custody of Eastern Oklahoma Hospital, in which institution petitioner has been confinéd for several years, pursuant to commitment by the county court of Adair county adjudging him insane. While there is the allegation that the proceedings committing said petitioner to said institution are void on the face of the record, said proceedings are attached to the petition herein and same appear regular.

The attempted appeal herein must be dismissed under the cases of Wisener, Sheriff, v. Burrell, 28 Okla. 546, 118 P. 999, 34 L. R. A. N.S. 755, Ann Cas. 1912D, 356; Ex parte Logan, 33 Okla. 659, 126 P. 800, and Jamison v. Gilbert et ux., 38 Okla. 751, 135 P. 342, and other cases by this court.

Petitioner asks that, in the event the appeal is dismissed, we treat this appeal as an original petition for a writ of habeas corpus out of this court. But under the record and facts presented by petitioner as disclosed by the record on appeal, it does not appear that he is now sane, and it does not appear that petitioner is entitled to be released from custody, and the petition for a writ of habeas corpus under the original jurisdiction of this court is hereby denied.

CORN, C.J., GIBSON, V.C.J., and OSBORN, RILEY, BAYLESS, HURST, and DAVISON, JJ., concur.

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Bluebook (online)

1944 OK 245, 151 P.2d 796, 194 Okla. 356, 1944 Okla. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-kincade-okla-1944.

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