Ex Parte Wilcox

1917 OK CR 138, 166 P. 75, 13 Okla. Crim. 603, 1917 Okla. Crim. App. LEXIS 148

Opinion

PER CURIAM.

This is an application for writ of habeas corpus to release the petitioner, S. Wilcox, from the custody of C. D. Webber, sheriff of Pawnee County. It is alleged that there was filed in the district court of Pawnee county an information purporting to charge this, petitioner with the offense of an assault with a dangerous weapon, that said information does not allege facts sufficient to charge a felony, and the district court of Pawnee county was without jurisdiction to try this petitioner, and that his conviction and the judgment tendered under and .by virtue of said information is void. The question • presented has been passed upon by this .court .on the appeal of said petitioner from the judgment rendered. Wilcox v. State, ante, p. 599, 166 Pac. 74. The application for the writ is therefore denied.