Ex Parte Rice

Court of Criminal Appeals of Oklahoma

Ex Parte Rice

1926 OK CR 333, 248 P. 1119, 35 Okla. Crim. 113, 1926 Okla. Crim. App. LEXIS 311

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 15, 1926

DocketNo. A-6371.

StatusPublished

This text of 1926 OK CR 333 (Ex Parte Rice) 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 Rice, 1926 OK CR 333, 248 P. 1119, 35 Okla. Crim. 113, 1926 Okla. Crim. App. LEXIS 311 (Okla. Ct. App. 1926).

Pincite

Opinion

PER CURIAM.

This is an application for writ of habeas corpus, alleging that petitioner, Melinda Coonrod Rice, is restrained of her liberty and unlawfully imprisoned in the county jail of Payne county by the sheriff of said county. It is averred that petitioner is charged with unlawful possession of intoxicating liquor, and that her bail is fixed a,t the excessive and unreasonable amount of $2,000 for her appearance for trial in the county court of Payne county; that said petitioner resides upon her farm and homestead, and has resided there for more than 36 years last past, and is the mother of five children; that she has been unable to give said excessive bail, and the same is in violation of her constitutional and statutory *114 rights; and praying that she be admitted to bail in a reason^ able sum in said cause. Following the rule stated in Ex parte Hayworth, 34 Okla. Cr. 41, 244 P. 827, and upon consideration of the proof offered, we are of opinion that the bail fixed by the trial court is excessive, and clearly disproportionate to the offense involved. It is therefore considered, adjudged, and ordered that the bond required be reduced to $500, bond to be conditioned as by law provided, or, in lieu thereof, a cash deposit of $500 with the court clerk of said county, and, upon the approval of the bond by the court clerk, or deposit aforesaid, the respondent is directed to discharge petitioner.

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PER CURIAM.

This is an application for writ of habeas corpus, alleging that petitioner, Melinda Coonrod Rice, is restrained of her liberty and unlawfully imprisoned in the county jail of Payne county by the sheriff of said county. It is averred that petitioner is charged with unlawful possession of intoxicating liquor, and that her bail is fixed a,t the excessive and unreasonable amount of $2,000 for her appearance for trial in the county court of Payne county; that said petitioner resides upon her farm and homestead, and has resided there for more than 36 years last past, and is the mother of five children; that she has been unable to give said excessive bail, and the same is in violation of her constitutional and statutory *114 rights; and praying that she be admitted to bail in a reason^ able sum in said cause. Following the rule stated in Ex parte Hayworth, 34 Okla. Cr. 41, 244 P. 827, and upon consideration of the proof offered, we are of opinion that the bail fixed by the trial court is excessive, and clearly disproportionate to the offense involved. It is therefore considered, adjudged, and ordered that the bond required be reduced to $500, bond to be conditioned as by law provided, or, in lieu thereof, a cash deposit of $500 with the court clerk of said county, and, upon the approval of the bond by the court clerk, or deposit aforesaid, the respondent is directed to discharge petitioner.

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Bluebook (online)

1926 OK CR 333, 248 P. 1119, 35 Okla. Crim. 113, 1926 Okla. Crim. App. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-rice-oklacrimapp-1926.

Opinion

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