Ex Parte Mitchell
This text of 1917 OK CR 82 (Ex Parte Mitchell) 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.
Opinion
On the 20th day of December, 1916, a duly verified -petition for writ of habeas corpus was presented to the presiding judge, averring in substance that the petitioner, Freeman Mitchell, is illegally restrained of his- liberty by the officers of the city of Oklahoma City, and is now compelled to work upon the county roads; that on the 29th day of November, 1916, he was convicted in the municipal court of said city on a charge of theft, and was sentenced to pay a fine of $99 and the costs and to serve a sentence of 90 days in the city jail. The writ issued, and in obedience to the writ the petitioner was brought before the court the following day and return made to the writ.
The issue in this case is the same as in the case of Ex parte Johnson, ante, p. 30, 161 Pac. 1097. For the reasons given in the opinion in that case, we are of opinion that the conviction of the petitioner in the municipal court was illegal and void, and it is ordered that he be discharged.
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Cite This Page — Counsel Stack
1917 OK CR 82, 164 P. 134, 13 Okla. Crim. 295, 1917 Okla. Crim. App. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-mitchell-oklacrimapp-1917.