Ex Parte Spears

Court of Criminal Appeals of Oklahoma

Ex Parte Spears

1947 OK CR 111, 185 P.2d 479, 85 Okla. Crim. 101, 1947 Okla. Crim. App. LEXIS 274

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 8, 1947

DocketNo. A-10913.

StatusPublished

Cited by3 cases

This text of 1947 OK CR 111 (Ex Parte Spears) 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 Spears, 1947 OK CR 111, 185 P.2d 479, 85 Okla. Crim. 101, 1947 Okla. Crim. App. LEXIS 274 (Okla. Ct. App. 1947).

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Opinion

PER CURIAM.

Dick Spears filed in this court a petition for writ of habeas corpus, alleging that he was unlawfully imprisoned and restrained of his liberty in the county jail of Coal county by Thea Bonner, sheriff of said county.

He alleged that he had been arrested by the sheriff of Coal county and that on February 8, 1947, the Hon. W. B. Thornsbrough, county judge of said county, sitting as an examining magistrate, and after a preliminary examination, held said petitioner without bail to answer to the district court of said county upon a charge of rape in the first degree.

*102 It was further alleged that petitioner had not been given a speedy trial, as required by the Constitution and statutes of this state. Okla. Const. Art. II, § 20; Tit. 22 O. S. 1941 § 812. This part of the petition, however, was withdrawn at the hearing on the order to show cause in this court on July 23, 1947, and after the hearing, an order was entered, directing that petitioner be granted bail in the sum of One Thousand ($1000) Dollars, the bond to be approved by the court clerk of Coal county, and when so approved, petitioner to be released.

It is so ordered.

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PER CURIAM.

Dick Spears filed in this court a petition for writ of habeas corpus, alleging that he was unlawfully imprisoned and restrained of his liberty in the county jail of Coal county by Thea Bonner, sheriff of said county.

He alleged that he had been arrested by the sheriff of Coal county and that on February 8, 1947, the Hon. W. B. Thornsbrough, county judge of said county, sitting as an examining magistrate, and after a preliminary examination, held said petitioner without bail to answer to the district court of said county upon a charge of rape in the first degree.

*102 It was further alleged that petitioner had not been given a speedy trial, as required by the Constitution and statutes of this state. Okla. Const. Art. II, § 20; Tit. 22 O. S. 1941 § 812. This part of the petition, however, was withdrawn at the hearing on the order to show cause in this court on July 23, 1947, and after the hearing, an order was entered, directing that petitioner be granted bail in the sum of One Thousand ($1000) Dollars, the bond to be approved by the court clerk of Coal county, and when so approved, petitioner to be released.

It is so ordered.

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Bluebook (online)

1947 OK CR 111, 185 P.2d 479, 85 Okla. Crim. 101, 1947 Okla. Crim. App. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-spears-oklacrimapp-1947.

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