Ex Parte Sawyers

Court of Criminal Appeals of Oklahoma

Ex Parte Sawyers

1920 OK CR 17, 185 P. 482, 17 Okla. Crim. 700, 1920 Okla. Crim. App. LEXIS 14

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 26, 1920

DocketNo. A-3690.

StatusPublished

This text of 1920 OK CR 17 (Ex Parte Sawyers) 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 Sawyers, 1920 OK CR 17, 185 P. 482, 17 Okla. Crim. 700, 1920 Okla. Crim. App. LEXIS 14 (Okla. Ct. App. 1920).

Pincite

Opinion

PER CURIAM.

Petitioner, Frank Sawyers, applies for a writ of habeas corpus to lie admitted to hail, and stales that he is unlawfully restrained of his liberty by Dave Wright, sheriff of Bryan county, Oklahoma, -and detained in the county jail of said county to appear in tlie district court of said county to answer for the crime of murder in having killed one Lorene Bleeker in said' Bryan county; that a complaint charging petitioner with tlie said offense has been heretofore filed before W. S. Archibald, justice of the peace for Durant township, Bryan county. Oklahoma, and an examining trial had therein, and that said justice held the petitioner without bail to await the action of the district court of said Bryan county on said charge; that thereafter, petitioner presented to the district judge of Bryan county his petition for habeas corpus herein to be admitted to hail, and upon a hearing in said court upon the record of the evidence adduced at the preliminary examination the said district judge refused to admit petitioner to bail. Further, petitioner alleges that he is not guilty of the crime of murdering said Lorene Bleeker, in that he actecl in his own necessary self-defense in firing the shot that resulted in the death of-said Bleeker. as is shown by the transcript of the evidence taken at the examining- trial, and by the affidavit of petitioner attached to and made a part of this petition. For the reasons staled petitioner contends that he is wrongfully confined in the said county jail of Bryan eonuty, and should -be admitted to bail in a reasonable amount to await the action- of the district court of said county on said charge. This cause came on- to be heard before the court on January 23, 1920, at which time petitioner was represented by counsel who made an able presentation of the merits of the petitioner’s application-to be admitted to bail. The Assistant Attorney General also appeared, -and strenuously opposed admitting petitioner to bail under the facts as adduced by the-record in this case. After due consideration of the evidence adduced and the *701 reasons given in oral argument; by counsel, it is the opinion of the court that the writ should be refused and bail denied, and it is so ordered.

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PER CURIAM.

Petitioner, Frank Sawyers, applies for a writ of habeas corpus to lie admitted to hail, and stales that he is unlawfully restrained of his liberty by Dave Wright, sheriff of Bryan county, Oklahoma, -and detained in the county jail of said county to appear in tlie district court of said county to answer for the crime of murder in having killed one Lorene Bleeker in said' Bryan county; that a complaint charging petitioner with tlie said offense has been heretofore filed before W. S. Archibald, justice of the peace for Durant township, Bryan county. Oklahoma, and an examining trial had therein, and that said justice held the petitioner without bail to await the action of the district court of said Bryan county on said charge; that thereafter, petitioner presented to the district judge of Bryan county his petition for habeas corpus herein to be admitted to hail, and upon a hearing in said court upon the record of the evidence adduced at the preliminary examination the said district judge refused to admit petitioner to bail. Further, petitioner alleges that he is not guilty of the crime of murdering said Lorene Bleeker, in that he actecl in his own necessary self-defense in firing the shot that resulted in the death of-said Bleeker. as is shown by the transcript of the evidence taken at the examining- trial, and by the affidavit of petitioner attached to and made a part of this petition. For the reasons staled petitioner contends that he is wrongfully confined in the said county jail of Bryan eonuty, and should -be admitted to bail in a reasonable amount to await the action- of the district court of said county on said charge. This cause came on- to be heard before the court on January 23, 1920, at which time petitioner was represented by counsel who made an able presentation of the merits of the petitioner’s application-to be admitted to bail. The Assistant Attorney General also appeared, -and strenuously opposed admitting petitioner to bail under the facts as adduced by the-record in this case. After due consideration of the evidence adduced and the *701 reasons given in oral argument; by counsel, it is the opinion of the court that the writ should be refused and bail denied, and it is so ordered.

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Bluebook (online)

1920 OK CR 17, 185 P. 482, 17 Okla. Crim. 700, 1920 Okla. Crim. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-sawyers-oklacrimapp-1920.