Ex Parte Wyatt
This text of 1933 OK CR 71 (Ex Parte Wyatt) 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
This is an original proceeding in habeas corpus. The petitioner alleges that he is illegally restrained of his liberty by the sheriff of Greer county, Okla. That he had a preliminary examination before a justice of the peace in and for the city of Mangum, wherein he was charged with the crime of robbery with a deadly weapon, and was held to the district court by the justice of the peace, committed to jail, and. is now incarcerated in the jail of Greer county, Okla.
The petitioner further alleges that the court was without jurisdiction to sit as an examining magistrate for the reason that he had filed an affidavit for change of venue. Response was filed by the sheriff of Greer county in which he admits he holds the defendant under a commitment issued by the-justice of the peace.
The question raised by the petitioner cannot be settled by habeas corpus. The writ of habeas corpus cannot take the place of a writ of error, or of an appeal. Ex parte Wood, 21 Okla. Cr. 252, 206 Pac. 541; Ex parte Adams, 42 Okla. Cr. 27, 274 Pac. 485.
The writ is therefore denied.
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Cite This Page — Counsel Stack
1933 OK CR 71, 23 P.2d 719, 54 Okla. Crim. 449, 1933 Okla. Crim. App. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-wyatt-oklacrimapp-1933.