Ex Parte Simmons
This text of 1910 OK CR 258 (Ex Parte Simmons) 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
John Simmons, the petitioner, being imprisoned under a judgment of the county court of Ok-fuskee county for a violation of the prohibition law, has applied to this court for a writ of habeas corpus to the end that he be discharged.
His contention is that the county court was without jurisdiction to try him, and that the judgment of convic *382 tion rendered against him is void, for the reason that the information upon which the prosecution was based was not verified. This presents the same question just determined by this court in case No. A-817, Ex parte Tom Talley, 4 Okla. Cr. 398, 112 Pac. 36, and decision in that case is controlling here. The petitioner’s imprisonment, therefore, is not illegal.
The writ of habeas corpus heretofore issued will be discharged, and the petitioner will be remanded to the custody of the sheriff of Okfuskee county, that he may execute the judgment of the county court.
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Cite This Page — Counsel Stack
1910 OK CR 258, 112 P. 41, 35 Okla. Crim. 381, 1910 Okla. Crim. App. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-simmons-oklacrimapp-1910.